Recent Case Decisions | firsttuesday Journal

Does a mortgage holder violate the Homeowner Bill of Rights (HBOR) when using multiple representatives to handle a loan modification request?

by Amy Perry | Aug 3, 2022 | Mortgages, Real Estate, Recent Case Decisions | 0

Morris v. JPMorgan Chase Bank, N.A.

May a city by ordinance prohibit short-term rentals in the coastal zone without coastal commission approval?

by Kinnedy Kriso | Jun 30, 2022 | Recent Case Decisions | 0

Keen v. City of Manhattan Beach

May a city charge a transfer tax higher than the amount set in the state revenue and taxation code?

by Kinnedy Kriso | Jun 16, 2022 | Recent Case Decisions | 0

CIM Urban REIT 211 Main Street (SF) LP v. City and County of San Francisco

Does a second trust deed mortgage holder owe a duty to reply to a voluntary mortgage modification application from an owner in default under the trust deed at any time before completing foreclosure?

by Kinnedy Kriso | Jun 14, 2022 | Recent Case Decisions | 0

Sheen v. Wells Fargo Bank, N.A.

Does a no-fault eviction ordinance requiring a landlord to pay relocation fees on their eviction of a month-to-month tenant constitute an unlawful taking by the city?

by Kinnedy Kriso | Jun 2, 2022 | Recent Case Decisions | 0

Ballinger v. City of Oakland

Is a city’s project to revitalize a local neighborhood which may result in future gentrification prohibited under the Federal Fair Housing Act (FFHA)?

by Kinnedy Kriso | May 31, 2022 | Fair Housing, Recent Case Decisions | 0

Crenshaw Subway Coalition v. City of Los Angeles (HAAS BHCP Property Owner, LLC)

May a city enforce a local ordinance preventing residential landlords from demanding an above-market rent increase to gain possession when they are exempt from rent control?

by Kinnedy Kriso | May 16, 2022 | Recent Case Decisions | 0

San Francisco Apartment Association v. City and County of San Francisco

Is an owner who fails to timely assert their ownership of land laying beyond a fence barred from claiming trespass?

by Kinnedy Kriso | May 11, 2022 | Property Management, Recent Case Decisions | 0

Johnson v. Little Rock Ranch, LLC

Is a property owner who leases a property to a tenant who holds a right of first refusal required to notify the tenant and allow them to purchase the property on terms agreed to with a buyer?

by Kinnedy Kriso | May 4, 2022 | Forms, Real Estate, Recent Case Decisions | 0

J&A Mash & Barrel, LLC v. Superior Court (Tower Theater Properties)

Is a notary public liable for an escrow company’s money losses when notarizing a trust deed premised on fraudulent identification the notary had no reason to believe was false?

by Kinnedy Kriso | May 2, 2022 | Real Estate, Recent Case Decisions | 0

North American Title Company, Inc. v. Gugasyan

May the owner of an apartment file an inverse condemnation claim for a taking by a contractor due to a ruptured water line on the property?

by Kinnedy Kriso | Apr 19, 2022 | Real Estate, Recent Case Decisions | 0

Foley Investments, L.P. v. Alisal Water Corporation

Does the period for filing an action to clear title begin to run when a parcel is physically altered by the construction of a building by someone other than the person claiming to be the owner?

by Kinnedy Kriso | Apr 18, 2022 | Real Estate, Recent Case Decisions | 0

Kumar v. Ramsey

Does a local ordinance for commercial property zoning which prohibits short-term occupancies apply to residential properties when rented for a short term?

by Kinnedy Kriso | Apr 11, 2022 | Property Management, Real Estate, Recent Case Decisions | 0

Protect Our Neighborhoods v. City of Palm Springs

Is it discriminatory for a water district to impose higher security deposits for public housing tenants?

by Ariel Calvillo | Mar 21, 2022 | Real Estate, Recent Case Decisions | 0

Southwest Fair Housing Council, Inc. v. Maricopa Domestic Water Improvement District

May a local agency limit compensation for taking undeveloped land to its present use value, not its highest and best use value?

by Ariel Calvillo | Mar 14, 2022 | Real Estate, Recent Case Decisions | 0

City of Escondido v. Pacific Harmony Grove Development, LLC

Does local zoning allow for the short-term rental of units in an apartment complex?

by Ariel Calvillo | Mar 14, 2022 | Los Angeles-Santa Barbara-Ventura, Real Estate, Recent Case Decisions | 0

People v. Venice Suites, LLC

Does a property owner have the right to remove a neighbor’s tree that is a nuisance to the property owner?

by Ariel Calvillo | Mar 14, 2022 | Bay Area, Real Estate, Recent Case Decisions | 0

Kahn v. Price

Is a local agency liable for a pedestrian’s fall caused by a divot in an alleyway?

by Ariel Calvillo | Feb 21, 2022 | Los Angeles-Santa Barbara-Ventura, Real Estate, Recent Case Decisions | 0

Martinez v. City of Beverly Hills

Did a mortgage holder violate the Homeowner Bill of Rights (HBOR) by foreclosing when the property owner rejects an offer for a trial loan modification plan?

by Ariel Calvillo | Feb 11, 2022 | Real Estate, Recent Case Decisions | 0

Billesbach v. Specialized Loan Servicing LLC

Is a judgment creditor entitled to proceeds from a property sale occurring after their lien expired?

by Ariel Calvillo | Feb 7, 2022 | Real Estate, Recent Case Decisions | 0

Starcevic v. Pentech

Category: Recent Case Decisions

Does a mortgage holder violate the Homeowner Bill of Rights (HBOR) when using multiple representatives to handle a loan modification request?

May a city by ordinance prohibit short-term rentals in the coastal zone without coastal commission approval?

May a city charge a transfer tax higher than the amount set in the state revenue and taxation code?

Does a second trust deed mortgage holder owe a duty to reply to a voluntary mortgage modification application from an owner in default under the trust deed at any time before completing foreclosure?

Does a no-fault eviction ordinance requiring a landlord to pay relocation fees on their eviction of a month-to-month tenant constitute an unlawful taking by the city?

Is a city’s project to revitalize a local neighborhood which may result in future gentrification prohibited under the Federal Fair Housing Act (FFHA)?

May a city enforce a local ordinance preventing residential landlords from demanding an above-market rent increase to gain possession when they are exempt from rent control?

Is an owner who fails to timely assert their ownership of land laying beyond a fence barred from claiming trespass?

Is a property owner who leases a property to a tenant who holds a right of first refusal required to notify the tenant and allow them to purchase the property on terms agreed to with a buyer?

Is a notary public liable for an escrow company’s money losses when notarizing a trust deed premised on fraudulent identification the notary had no reason to believe was false?

May the owner of an apartment file an inverse condemnation claim for a taking by a contractor due to a ruptured water line on the property?

Does the period for filing an action to clear title begin to run when a parcel is physically altered by the construction of a building by someone other than the person claiming to be the owner?

Does a local ordinance for commercial property zoning which prohibits short-term occupancies apply to residential properties when rented for a short term?

Is it discriminatory for a water district to impose higher security deposits for public housing tenants?

May a local agency limit compensation for taking undeveloped land to its present use value, not its highest and best use value?

Does local zoning allow for the short-term rental of units in an apartment complex?

Does a property owner have the right to remove a neighbor’s tree that is a nuisance to the property owner?

Is a local agency liable for a pedestrian’s fall caused by a divot in an alleyway?

Did a mortgage holder violate the Homeowner Bill of Rights (HBOR) by foreclosing when the property owner rejects an offer for a trial loan modification plan?

Is a judgment creditor entitled to proceeds from a property sale occurring after their lien expired?

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