A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”
Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not…
Rescinding a Trustee’s Sale Based on Lien Position “Mistake” — Good Luck With That
The statutory scheme governing nonjudicial foreclosure — found in California Civil Code sections 2924 through 2924k — aims for speed, efficiency, and finality. For example, a…
Is an Irrevocable License Binding on a Purchaser?
A landowner grants a license by allowing someone else to use the land. A license can be created by express permission, or by acquiescence (allowing the…
Can a Loan Modification Waive the Borrower’s Right of Reinstatement?
Loans secured by a deed of trust typically provide that upon default (commonly, missed interest payments) the lender may elect to “accelerate” the loan, making the…
Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed
Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its…
Is an APN Sufficient to Describe Property in a Deed of Trust?
To be enforceable, a deed of trust must sufficiently describe the real property security. There are several different ways to describe real property. Commonly used methods…
Eminent Domain: “Goodwill” Usually Belongs to the Tenant
In the world of eminent domain, compensation for “lost goodwill” is often a tricky and contentious issue. New opinions from the Court of Appeal addressing goodwill…
A Loan In Default Can Still Be Assigned
Borrowers looking to invalidate a foreclosure sale often come up with interesting theories. One frequent strategy is to attack the validity of a prior assignment of…
Foreclosure Against a Commercial Landlord: Impact on Lease Rights
Foreclosure can often have tricky impacts on lease rights, as covered on Money and Dirt in prior posts. See Eviction After Foreclosure: California Supreme Court Weighs…
A Lease and a Lease Guaranty Involve Different Rights and Remedies
Sister blog The LLC Jungle recently posted about an opinion from California’s Sixth District Court of Appeal — Orozco v. WPV San Jose, LLC — describing…