Tax Sales and Bankruptcy Stays
It is well understood that under section 362 of the Bankruptcy Code, a bankruptcy filing triggers an “automatic stay” preventing creditors from taking any act to…
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…
Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”
Defaulting on a loan typically triggers a higher interest rate — “default interest” — as one of many consequences for the borrower. (Other consequences include acceleration…
Money and Dirt: Reviewing 2016
Here is a look back at some of the top real estate and secured lending developments from 2016 covered here at Money and Dirt: The California…
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…
Sham Guaranties Are (Still) Hard To Come By
In a prior post, Sham Guaranties Are Hard To Come By, we reviewed a decision from the First District Court of Appeal that emphasized how difficult…
Another Case Addressing a Potential Trap for Real Estate Investors: Dedication of Private Property to the Public
In a prior post, Implied Dedication of Private Property to the Public: the Law is Unsettled, we saw that California courts have struggled with the interpretation…
U.S. Supreme Court: REITS Have Citizenship of their Members
Many entities that get sued with any regularity prefer being defendants in federal court, rather than state court. The reasons for this preference are varied, but essentially…
Rescinding a Foreclosure Sale (or Any Other Real Estate Deal) — Act Quickly, or Lose the Remedy
In a prior post, Respect the Remedy of Rescission in Real Estate Disputes, I highlighted the often under-appreciated remedy of rescission. With rescission, both parties are…
Money and Dirt: Reviewing 2015; Previewing 2016
We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog,…