Title Insurance Covers That Foreclosure Problem, Right?
In the minds of many buyers of distressed properties at foreclosure sales, the existence of ANY title insurance policy relating to the property — even if…
A Void Default Judgment Is No Way To Establish Title
In a post from March of this year — Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment — we reviewed the recent decision…
Recording a Trustee’s Deed is Privileged Under CA Civil Code Section 47
California law is pretty clear that the recordation of a notice of default and notice of sale — two key documents that are a prerequisite to…
When the Same Lender Has Both a Senior and Junior Deed of Trust….
If the same lender has both a senior and junior deed of trust on the same security property, can that lender foreclose on the senior lien…
California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public
In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among…
California Enacts New Regulatory Framework for Medical and Recreational Cannabis
This blog usually explores the relationship between real estate and one green substance — money. But cannabis is the greenery getting a lot of recent attention…
Equitable Easement Without Preexisting Use?
When a landowner whose parcel is landlocked needs to gain legal access to the property, an “equitable easement” is often the remedy of choice. An equitable…
Adverse Possession of an Easement: Mistakes, Gates, and Fences
Just as fee title to real property can be lost by adverse possession, the same is true with easements. In a recent opinion from California’s Sixth…
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…
Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment
Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. …