Has Yvanova Lost Its Mojo For Wrongful Foreclosure Plaintiffs?
In 2016, the California Supreme Court’s decision in Yvanova v. New Century Mortgage Corporation caused a lot of excitement among plaintiffs asserting wrongful foreclosure claims and…
Notable Eminent Domain and Inverse Condemnation Cases from 2016
Here is a list of California’s appellate cases from 2016 in the eminent domain and inverse condemnation arenas that caught our attention: Property Reserve, Inc. v.…
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…
California Supreme Court Weighs In On “Associate Licensee” Duties In Dual Agencies
Dual agencies — where a broker represents both the buyer and seller in a real estate transaction — raise plenty of thorny questions regarding the duties…
Beware CC&Rs — They Can Bite
In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most…
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…
Exercising a Real Estate Option: the Devil is in the Details
Leases often contain options to renew or extend the lease, and sometimes also an option to purchase the property at the end of the lease term.…
Damages for Seller’s Breach of a Real Estate Purchase and Sale Agreement: a Recent Case Example
When a seller breaches a purchase and sale agreement and fails to complete the sale to the buyer, the buyer’s usual remedy is to seek “specific…
Just Because A Deed Is Void Doesn’t Mean It Can Be Challenged “Any Time”
In a case reviewed last year, Salazar v. Thomas, a California Court of Appeal weighed in on how the statute of limitations applies to quiet title…