The Tender Rule — Reinstatement and Redemption are Different
Under California’s “tender rule,” a borrower suing to halt or unwind a wrongful foreclosure sale generally must allege that it tendered the amounts due on the…
Eviction After Foreclosure: California Supreme Court Weighs In
This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center. The case reviewed the decision of the California…
Not All Deed of Trust Attorney Fee Clauses are Created Equal
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed…
The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters
For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful…
A Lump Sum Payment of Delinquent Taxes Isn’t Enough for Adverse Possession
As detailed in prior posts here and here, to establish a claim for adverse possession, a plaintiff must prove the following elements: Possession must be by…
Thank You from Money and Dirt, and The LLC Jungle Blog is Coming!
The Money and Dirt blog would like to thank its readership for helping the blog earn a JD Supra 2018 “Readers Choice Award” in the Real…
Legislature Enacts “Housing Creator” Amendment to Housing Accountability Act
California’s Housing Accountability Act, first enacted in 1982 and then strengthened in 2017 by Senate Bill 167, has gained further muscle through a new amendment —…
Contribution Rights Among Co-Guarantors: Liability Must Be Proportional
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation,…
Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?
Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable…
Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the…