Recent Case Decision: A divorced spouse obtains a spousal support judgment against their former partner. The former partner later purchases a residential property. A judgment lien attaches to the title of the property due to the spousal support judgment. The amount of the judgment lien becomes fixed at the time the property is either encumbered or sold.
Recent Case Decision: An investor purchases a residential apartment building and serves a 30-day notice of change in rental terms on the existing tenants. Under the change in terms, the landlord may evict a tenant for their failure to comply with any new restrictions.
Rey Sanchez Investments v. Superior Court Facts: A buyer of real estate enters into a purchase agreement with a seller. The seller fails to perform on the agreement to sell the property. The buyer sues the seller for nonperformance and records a lis pendens on the property. The buyer personally serves the notice to the…
Bank of America v. Caulkett Facts: A homeowner obtains two mortgages to fund their purchase of a property. The fair market value (FMV) of the property decreases, resulting in the amount owed on the first mortgage to exceed the FMV of the property. The homeowner experiences an economic hardship and petitions for Chapter 7 bankruptcy…
Harrison v. City of Rancho Mirage Facts: A condominium owner rents out their unit as a short-term vacation rental. The local government enacts an ordinance on privately owned short-term vacation rentals requiring a person over the age of 30 sign an agreement with the unit owner to be the responsible person ensuring all occupants follow…
A mortgage holder transfers a borrower’s mortgage to a successor mortgage holder. Neither mortgage holder notifies the borrower of the transfer.
A mortgage holder sells a property with an undisclosed defect. The buyer discovers the defect shortly after the purchase of the property, but doesn’t seek to rescind the sale until two years later.
The Section 8 program requires the government provide a comprehensible one-year notice to Section 8 tenants before enacting a change in benefits. What type of notice counts as comprehensible?
Do environmental tests, conducted according to entry statutes prior to a taking of property through eminent domain, constitute a taking of the property?
Can the decedent of a deceased former property owner claim title of record to a property despite the absence of a recorded grant deed?