Implied Dedication of Private Property to the Public: the Law is Unsettled
Let’s say you own private property including a roadway that connects to public streets on either end. The public has, for a couple of decades, used your…
Judicial Foreclosure: Things That Can Go Sideways During The Redemption Period
Judicial foreclosure is uncommon in California. In most cases, lenders will pursue nonjudicial foreclosure (aka “trustee’s sales”), which are simple, quick, and efficient. But when a…
Is a “Receiver’s Sale” a Foreclosure Sale?
Earlier this year, the Nevada Supreme Court held in U.S. Bank Nat’l Assn. v. Palmilla Dev. Co. that under Nevada law, a “receiver’s sale” of real property…
Mind Your Real Estate Partnership Agreement Even In Bad Times (or be prepared to pay “reliance damages”)
Most sophisticated real estate investors are wise enough to know that they should abide by the terms of their investment entity’s governing agreement — the partnership…
Respect the Remedy of Rescission in Real Estate Disputes
Claims seeking damages for broken real estate deals may be more common, but the remedy of rescission often provides the most bang for the buck. In…
Lenders Face Attorney Fee Liability for Preliminary Injunction Stopping “Dual Tracking”
Cases featuring “dual tracking” claims under California’s Homeowner Bill of Rights seem to be all the rage these days. My last post, Tender Not Required for…
Tender Not Required for a “Dual Tracking” Claim
Many claims based on flawed foreclosure sales never get out of the starting gates because the borrower fails to allege a pre-lawsuit “tender” of all amounts due on…
A Notice of Default Does Not “Disturb Possession”
An action to quiet title in real property can be governed by various statutes of limitation, depending on what theory underlies the claim. Possibilities include the…
Forbearance Agreements Must Be In Writing
Many plaintiffs in wrongful foreclosure lawsuits attempt to rely, at least in part, on what the lender’s representative “told them” over the phone or in person.…
Can a Foreclosure be “Wrongful” if the Debtor is Underwater?
In most successful “wrongful foreclosure” cases (challenging an already-completed trustee’s sale), the debtor’s most obvious source of damages is the lost equity in the wrongfully sold…