Not All Deed of Trust Attorney Fee Clauses are Created Equal
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…
The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters
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…
A Lump Sum Payment of Delinquent Taxes Isn’t Enough for Adverse Possession
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…
Thank You from Money and Dirt, and The LLC Jungle Blog is Coming!
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…
Legislature Enacts “Housing Creator” Amendment to Housing Accountability Act
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 —…
Contribution Rights Among Co-Guarantors: Liability Must Be Proportional
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,…
Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?
Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable…
Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the…
Substandard Apartment Building Receiverships — Who Is On The Hook For Attorney Fees?
Under California’s State Housing Law (Health and Safety Code sections 17910-17998.3), if an apartment building owner fails to comply with a notice to repair or abate…
What’s the “California Housing Freeze” Proposition on the November Ballot?
A rent control initiative titled the “Affordable Housing Act” — but criticized by others as the “California Housing Freeze” — has qualified as Proposition 10 on…