CC&R “Subordination” Provisions and Lien Priority
In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule,…
In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule,…
General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations…
Under California’s “tender rule,” a borrower suing to halt or unwind a wrongful foreclosure sale generally must allege that it tendered the amounts due on the…
This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center. The case reviewed the decision of the California…
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed…
For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful…
As detailed in prior posts here and here, to establish a claim for adverse possession, a plaintiff must prove the following elements: Possession must be by…
The Money and Dirt blog would like to thank its readership for helping the blog earn a JD Supra 2018 “Readers Choice Award” in the Real…
California’s Housing Accountability Act, first enacted in 1982 and then strengthened in 2017 by Senate Bill 167, has gained further muscle through a new amendment —…
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation,…