Court Clarifies Value of “Performance Deed of Trust” in Foreclosure
This post was primarily authored by Daniel Zarchy, a “Rising Star” for seven of the past eight years who is a litigation attorney at Patton Sullivan…
This post was primarily authored by Daniel Zarchy, a “Rising Star” for seven of the past eight years who is a litigation attorney at Patton Sullivan…
Receivership is a provisional remedy within a court’s broad equitable jurisdiction. The statute most commonly used in obtaining a receivership is Code of Civil Procedure section…
A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent…
Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided…
In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which…
In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that…
Under California’s easement “merger” (merger of title) doctrine set forth in Civil Code sections 811 and 805, an easement (or servitude) is “extinguished” by “the vesting…
In a prior post from 2020, Money and Dirt covered an opinion from California’s Fourth Appellate District holding that an Assessor’s Parcel Number (APN), by itself,…
One of the unresolved issues over the past several years in the realm of lender liability law is whether lenders owe tort duties to borrowers in…
Modifying a loan can sometimes cause a loss of lien priority. It all depends on the facts underlying the modification, and even the original loan. A…