Legal Title Is Not Always “Beneficial Title”
Under California Evidence Code section 662, “The owner of the legal title to property is presumed to be the owner of the full beneficial title. This…
Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims
The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on. But some bankruptcy proceedings…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
Just How Much Power Does Your LLC’s Manager Have?
A few prior posts have addressed the power dynamic between members and managers in LLCs. For example, see: Seven Critical Mistakes Real Estate LLCs Make (and…
The Evolution of Real Estate Crowdfunding — Some Links
Real estate crowdfunding remains one of “fin-tech’s” hottest stories in 2016. While crowdfunding remains a tiny percentage of overall real estate debt or equity deals, the…
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…
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…
Seven Critical Mistakes Real Estate LLCs Make (and How to Avoid Them) — Mistake #4: Stepping into “Alter Ego” Liability
California law normally respects the “separateness” of business entities. It is widely accepted that business is conducted through entities as an appropriate way of limiting liability.…
Seven Critical Mistakes Real Estate LLCs Make (and How to Avoid Them) — Mistake #2: Skimping on the Formation and Operating Documents
LLCs are known and loved as a relatively simple business form. You can start and operate them without a lot of advance planning. But taking shortcuts…