Author: Benjamin J. Smith

Is a lender who forecloses on a leasehold estate required to honor the lease agreement as the tenant’s successor-in-interest?

BRE DDR BR Whittwood CA LLC v. Farmers & Merchants Bank of Long Beach Facts: A landlord and tenant enter into a long-term commercial lease. The lease terms state the tenant may encumber their leasehold interest with a mortgage, designating the lender as the successor-in-interest and obligating the lender to perform under the lease. The tenant obtains a mortgage secured by their leasehold estate, then defaults. The lender forecloses on its interest and takes possession of the property. At the landlord’s request, the lender confirms it is the tenant’s successor-in-interest. Prior to expiration of the lease, the lender stops...

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Is a property owner liable for a guest’s injury that occurs on a public street adjacent to their property?

Vasilenko v. Grace Family Church Facts: The owner of property designed for public gatherings invites a large number of guests to a function on the property. The primary parking lot fills to capacity and the owner instructs additional guests to park in an overflow parking lot across a busy five-lane street. No crosswalk or traffic signal connects the property to the offsite parking. A guest is struck by a car while crossing the street from the parking lot to the property, sustaining severe injuries. Claim: The guest seeks to hold the property owner liable for their injuries, claiming the property owner...

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Zestimates are great conversation starters with sellers and buyers. Zillow has done more for our bottom line than NAR ever has or will. Don’t fight the current of the river, learn to run with it. Disruption is inevitable in any industry that is fragmented or inefficient. Granted, it does feel like armchair experts and platforms are plentiful in real estate these days, but when the tide rolls out we will see the value proposition of the truest professionals in this industry shine once again.

Justin Bonney, on Zillow’s impact on the real estate industry

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