Recent Case Decisions articles

When does the amount owed on a judgment lien become fixed?

When does the amount owed on a judgment lien become fixed?

When does the amount owed on a judgment lien become fixed?

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.

Lis pendens on a property

Is a lis pendens invalidated by failure to file proof of service with the county recorder?

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

underwater home

May a junior lien on a property be extinguished in Chapter 7 bankruptcy when the debt on the senior lien exceeds the property’s FMV?

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

Condominiums and the Unruh Civil Rights Act

Does the Unruh Civil Rights Act apply to laws passed by the government?

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