May the payment amounts owed creditors in a confirmed Chapter 13 plan be increased by modification when the debtor has performed as scheduled in the plan?
In re Black
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Tag: recent case decisions
May a tenant be forced to arbitrate habitability disputes under an arbitration provision in a lease agreement?
Williams v. 3620 W. 42nd Street, Inc.
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If an investor at a trustee’s sale mistakenly places a winning bid on a second trust deed believing it to be the first, may they later rescind the sale?
Matthew Matson v. S.B.S. Trust Deed Network
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When owners of a religious institution acquire property zoned for religious assemblies which is later rezoned to exclude non-profit use, may they later construct a special occasions venue which does not charge fees for use?
Calvary Chapel Bible Fellowship v. County of Riverside Facts: Owners of a religious organization...
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May a county impose a documentary transfer tax on the transfer of a majority interest in a company owning property?
926 North Ardmore Avenue LLC v. County of Los Angeles Facts: An owner transfers their rental...
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Is a purchaser of a mortgage liable for the conduct of the lender who sold but continues to service the mortgage?
An owner refinances their mortgage secured by a trust deed on their property and establishes an impound account for the payment of homeowner’s insurance.
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Does the statute of limitations period begin to run on the original misconduct or on discovery of misrepresentation?
What triggers the commencement of the statutory limitations periods in the event of a lender misrepresenting loan terms to a buyer?
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Borrower’s debt obligation remains after lender pooled the borrower’s loan
Facts: A borrower obtained a loan secured by their home. The loan was pooled with other loans in a...
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HOA may amend parking rules without recording the amendments
Facts: The covenants, conditions & restrictions (CC&Rs) of a homeowners’ association (HOA)...
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Equitable easement granted regardless of length of use or lack of monetary compensation
Facts: A property owner purchased an undeveloped, landlocked parcel. The seller and his broker...
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Condo owner to abide by HOA’s suggestion of location for improvements
A homeowners’ association’s (HOA’s) covenants, conditions and restrictions (CC&Rs) required...
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MERS as beneficiary may legally initiate foreclosure
A homeowner’s home loan, recorded naming Mortgage Electronic Registration System, Inc. (MERS) as...
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DRE license may not be suspended due to a civil judgment without evidence of intentional misrepresentation
After a buyer entered into a purchase agreement, he discovered the broker had unknowingly...
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Redemption price for common interest development unit includes owner’s repair expenses
An owner of a unit in a common interest development (CID) failed to pay his monthly homeowners’...
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Landlord not liable for tenant’s lost business during renovations
A nonresidential tenant entered into a lease agreement with the landlord for possession of space...
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Trees obstructing view are considered a fence
A property owner and his neighbor had a dispute over trees the neighbor planted along their common...
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Landlord who collects overdue rent is not a debt collector
A landlord raised the rent at his apartment complex. A tenant claimed the increase was excessive...
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Lender acting as mortgage broker owes a fiduciary duty to borrower
A borrower contacted a lender seeking a refinance of his mortgage on the condition the refinance...
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Notice to quit and UD protected under anti-SLAPP law
A disabled tenant occupied an apartment unit with a service dog. With the intent of having the...
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