A Loan In Default Can Still Be Assigned
Borrowers looking to invalidate a foreclosure sale often come up with interesting theories. One frequent strategy is to attack the validity of a prior assignment of…
Foreclosure Against a Commercial Landlord: Impact on Lease Rights
Foreclosure can often have tricky impacts on lease rights, as covered on Money and Dirt in prior posts. See Eviction After Foreclosure: California Supreme Court Weighs…
A Lease and a Lease Guaranty Involve Different Rights and Remedies
Sister blog The LLC Jungle recently posted about an opinion from California’s Sixth District Court of Appeal — Orozco v. WPV San Jose, LLC — describing…
Trustee Has No Duty to “Verify” Validity of Loan Assignment Before Foreclosure
A trustee in charge of administering a trust has many duties. A trustee appointed pursuant to a deed of trust, however, is different. The duties of…
Beware “Super-Priority” Receivership Liens
In California, lien priority is usually resolved by a straightforward examination of the time of creation or recordation with the County Recorder, which gives “constructive notice”…
California Court Clarifies Recovery of Goodwill in Eminent Domain Cases
Goodwill is one of the trickier areas of eminent domain law. When a governmental agency takes private property through the exercise of eminent domain powers, the…
When the Same Lender Has Both a Senior and Junior Deed of Trust (Revisited)
Almost two years ago, Money and Dirt covered a Fourth District California Court of Appeal opinion addressing an apparent split of authority regarding how a lender…
The “Transit Housing” Bill is Back
About one year ago, Money and Dirt covered the evolution — and demise — of the “transit-rich” housing bill proposed by State Senator Scott Wiener. For…
Can a Holdover Commercial Tenant Hold On to a Right of First Refusal?
In California, a holdover tenant (a tenant who remains in possession after the expiration of the written lease) has fewer rights than a tenant operating under…
CC&R “Subordination” Provisions and Lien Priority
In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule,…