A disguised security device is used to mask a tenancy agreement as a sale. Confusion ensues.
The court distinguishes between substantial and actual completion of a construction project and where the 90-day window to file a mechanic’s lien begins.
What recourse does a homeowner have against a predatory mortgage holder who sells them an overly harsh loan or loan modification?
What role does the materiality of a breach in a rental agreement play in determining a landlord’s ability to evict?
The California Supreme court decides on the ability of homeowners to challenge the assignment of a trust deed in a wrongful foreclosure action. Details on the nature of a void and voidable assignment.
Coker v. JP Morgan Chase Bank, N.A. Facts: A homeowner defaults on their purchase-assist mortgage and the mortgage holder records a notice of default (NOD). The mortgage holder consents to a short sale of the property on the condition the homeowner remain liable for any deficiency. The property is sold for an amount less than…
Majd v. Bank of America, N.A., et al. Facts: An owner purchases residential property funded by an adjustable rate mortgage (ARM). When the ARM interest rate resets upward, the owner goes into default and requests a loan modification under the Home Affordable Mortgage Program (HAMP). While the loan modification is under review, the mortgage holder…
A foreclosed homeowner attempts to halt their eviction by filing for bankruptcy and triggering an automatic stay of court proceedings.
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.