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…
Sham Guaranties Are Hard To Come By
In prior posts here and here, I highlighted the difficult position occupied by guarantors of real estate secured loans. In short, while California law extends very strong anti-deficiency…
LLC Managers Are Not Above The Law (Or Equity)
In an earlier series of posts, I flagged several mistakes frequently made by real estate LLCs. One of those mistakes is ignoring member rights and duties. That…
Junior Lienholders: Know When To Admit Defeat
As any real estate lender or investor can testify, holding a junior lien on real estate security can be perilous. Sure, the yields are higher (and…
Commercial Lease “Co-Tenancy” Clauses: Unconscionable, Penalty, or Enforceable?
When a court of appeal announces that it is tackling a new commercial lease issue for the first time ever in a published decision, it’s wise…