“Dual Tracking” Can Be Unfair Competition
Unfair competition claims are often seen as “tag-along” claims without a lot of independent value. A recent California Court of Appeal decision (Fourth District, Division Three…
California Supreme Court Clarifies Anti-Deficiency Protection for Purchase Money Loans
The California Supreme Court has published its much anticipated decision clarifying the scope of anti-deficiency protection under Code of Civil Procedure section 580b for purchase money…
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,…
Draft Your Purchase and Sale Agreements Carefully — Integration and Indemnity Clauses are Not Simple “Boilerplate”
Almost all real estate purchase and sale agreements contain provisions relating to integration and indemnity. In the “boilerplate” worldview, these provisions are standard, generic, and basically…
Co-debtors’ Obligations May be Treated Differently in Bankruptcy
Imagine the following common scenario: A lender makes a commercial loan and the note is signed by two borrower entities, each of whom provides separate real…
Subdivision by Condemnation?
Does a condemnation proceeding resulting in the physical separation of property into separate parts accomplish a “division” of property within the meaning of California’s Subdivision Map…
The California Supreme Court Will Hear Oral Argument in Coker v. JP Morgan Chase Bank on December 2, 2015
In my last post, I mentioned that the California Supreme Court would soon be deciding an important case — Coker v. JP Morgan Chase Bank — involving an anti-deficiency based…
Article Published in California Real Property Journal
I’m excited to share that I’ve co-authored an article (with my partner Chuck Hansen) that was published in the most recent edition of the California Real Property…
Implied Dedication of Private Property to the Public: the Law is Unsettled
Let’s say you own private property including a roadway that connects to public streets on either end. The public has, for a couple of decades, used your…