Bankruptcy’s tie to homeownership
Bankruptcy numbers were artificially low in 2020-2021. Prepare for today’s zombie businesses to fold with the 2023 recession.
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Tag: lien
Attornment clauses in nonresidential leases
This article discusses attornment, subordination and nondisturbance clauses in nonresidential...
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Word-of-the-Week: Bundle of rights
What is...
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Form-of-the-Week: Homestead exemption, an asset preservation declaration – Form 465
Form-of-the-Week: Declaration of Homestead and Automatic Homestead – Form 465
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May a city record a special assessment lien against a foreclosed property for unpaid garbage collection fees?
Kahan v. City of Richmond Facts: A city government records a special assessment lien against a...
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May a mortgage holder demand an owner pay portions of the mortgage deferred under a mortgage modification when the owner defaults on the modified mortgage?
Taniguchi v. Restoration Homes, Inc. Facts: A property owner defaults on their mortgage and their...
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California-sponsored PACE program struggles with tax problems
Designed with noble intentions, Property Assessed Clean Energy (PACE) programs are actually causing more harm than good to homeowners.
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Sunset date for first lien private mortgage insurance limit repealed
Mortgage insurers no longer need to worry about the insurance limit or reinsurance requirements.
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Is an HOA required to accept partial payments on a delinquent assessment lien?
When is a homeowner’s association able to foreclose on an owner for delinquent assessment payments?
Read MoreThe enforcement of mechanic’s liens containing erroneous information
This law specifies the improper information which invalidates a mechanic’s lien and revises the law for the enforcement of mechanic’s liens. California Civil Code § 8422 Added by S.B. 190 Effective: July, 1 2012 A mechanic’s...
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IRS tax lien has priority over later judgment lien to recover excess proceeds from a trustee’s sale
The Internal Revenue Service (IRS) recorded a tax lien against an owner, attaching to property he...
Read MoreHolmes v. Summer: dilatory disclosures and the damage done
This article examines the agency case of the decade — Holmes v. Summer — and details the profound effect this case has on real estate broker and agent conduct.
Read MoreLiens in excess of price must be disclosed by a listing agent before offer accepted
A seller’s broker listed a single family residence (SFR) encumbered by liens in amounts exceeding the asking price. A prospective buyer inquired about the property and the seller’s broker responded but did not disclose his...
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October 2010 RCDs
A digest of recent court cases affecting real estate.
Read MoreMore leniency for homeowners seeking a modification by fudging their income
The federal Home Affordable Modification Program (HAMP) is designed modify troubled homeowners’ mortgages, ideally preventing the foreclosure of four million properties nationally over the next three years. To qualify,...
Read MoreHigher interest rates likely by March
The Federal Reserve (the Fed) has taken aggressive steps during 2009 to drive mortgage rates down in order to encourage more people to buy homes and revive the real estate industry. The Fed lowers interest rates by purchasing...
Read MoreThe standardized short sale: brought to you by President Obama
The Obama administration wants to standardize, incentivize and popularize the short sale. In an attempt to make short sales more attractive and less confusing to investors, lenders and distressed homeowners, the administration’s...
Read MoreSafety disclosures: crime and the prospective buyer
This article discusses the routine use of a criminal activity disclosure as part of a selling agent’s duty to disclose and advise when assisting a buyer to locate a suitable property.
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