Recent Case Decisions | first tuesday Journal

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?

by Benjamin J. Smith | Aug 19, 2019 | Latest Articles, Recent Case Decisions | 0

Taniguchi v. Restoration Homes, Inc. Facts: A property owner defaults on their mortgage and their...

May a property owner who uses neighboring property with the consent of their neighbor retain use of the area after the neighbor’s property is sold?

by Benjamin J. Smith | Aug 12, 2019 | Latest Articles, Recent Case Decisions | 0

Shoen v. Zacarias Facts: A property owner renovates an area outside their property line. The...

May a landlord evict a tenant from a property in an area protected by a rent control ordinance when the property was converted from a single family residence exempted from the ordinance?

by Benjamin J. Smith | Aug 6, 2019 | Latest Articles, Recent Case Decisions | 1

Chun v. Del Cid Facts: A property once used as a single family residence is now occupied by...

May an owner of a home constructed while title was held by an LLC receive tax benefits under Prop 13?

by Benjamin J. Smith | Jul 31, 2019 | Latest Articles, Recent Case Decisions | 0

Wright v. County of San Mateo Facts: The owner of an unimproved lot applies for a mortgage to fund...

May a tenant be evicted when they pay the landlord a monthly payment one cent less than the agreed-upon amount?

by Benjamin J. Smith | Jul 22, 2019 | Latest Articles, Recent Case Decisions | 0

Bawa v. Terhune Facts: A landlord receives a check from their tenant in an amount one cent less...

May a commercial property owner whose property is seized through eminent domain recover money losses for lost goodwill when they refuse to relocate?

by Oscar Alvarez | May 21, 2019 | Latest Articles, Recent Case Decisions | 0

Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc. Facts: A...

May a trustee foreclose on a property without verifying the validity of the underlying mortgage?

by Benjamin J. Smith | May 13, 2019 | Latest Articles, Recent Case Decisions | 0

Citrus El Dorado, LLC v. Chicago Title Company Facts: A developer takes out a mortgage to fund...

Is Fannie Mae liable for money losses resulting from a false foreclosure report in its underwriting software?

by Oscar Alvarez | Apr 29, 2019 | Distressed Sales, Finance and Mortgages, Latest Articles, Recent Case Decisions | 0

Zabriskie v. Federal National Mortgage Association Facts: A homeowner defaults on their mortgage...

Does a deed transferring an interest in a property need to specify the type of ownership being changed?

by Benjamin J. Smith | Apr 29, 2019 | Latest Articles, Recent Case Decisions | 0

In re Marriage of Begian and Sarajian Facts: A married couple own residential property as joint...

May a buyer of foreclosed rental property serve a tenant with a notice to quit prior to perfecting title?

by Benjamin J. Smith | Apr 22, 2019 | Latest Articles, Recent Case Decisions | 0

Dr. Leevil, LLC v. Westlake Health Care Center Facts: A landlord defaults on the mortgage...

May a homeowner operate a vineyard on a property that prohibits commercial and business activity?

by Oscar Alvarez | Apr 22, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

Eith v. Ketelhut Facts: A homeowner’s property is part of a common interest development (CID)...

May the owner of a property burdened by an easement limit the dominant estate owner’s use based on historic use?

by Oscar Alvarez | Apr 15, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

Zissler v. Saville Facts: A servient estate owner grants an appurtenant easement for access,...

May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?

by Benjamin J. Smith | Apr 15, 2019 | Latest Articles, Recent Case Decisions | 0

Prout v. Department of Transportation Facts: A land developer dedicates a highway-adjacent parcel...

Does a seller’s broker breach the fiduciary duty owed the seller by failing to disclose material facts that impact a property’s value?

by Benjamin J. Smith | Apr 8, 2019 | Latest Articles, Recent Case Decisions | 0

Ryan v. Real Estate of the Pacific, Inc. Facts: A seller employs a broker under a listing for the...

May a property owner obtain a private easement for a pathway on a neighbor’s property that the owner has used for more than five years?

by Benjamin J. Smith | Apr 2, 2019 | Latest Articles, Recent Case Decisions | 0

Ditzian v. Unger Facts: A property owner uses a pathway on their neighbor’s noncoastal property to...

Does a property owner impliedly dedicate their noncoastal pathway to the public after the formal dedication of an adjacent pathway?

by Benjamin J. Smith | Mar 11, 2019 | Latest Articles, Recent Case Decisions | 0

Mikkelsen v. Hansen Facts: A path is located on portions of two separate noncoastal subdivisions....

May a mortgage holder recover the amount owed on a junior mortgage after a nonjudicial foreclosure when they are also the holder of the senior mortgage?

by Benjamin J. Smith | Feb 18, 2019 | Latest Articles, Recent Case Decisions | 0

Black Sky Capital, LLC v. Cobb Facts: A property owner obtains two mortgages secured by the same...

Does a lender who discusses foreclosure alternatives with a defaulting homeowner need to initiate the discussion to comply with the Homeowners’ Bill of Rights?

by Oscar Alvarez | Feb 1, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

Schmidt v. Citibank, N.A. Facts: A homeowner obtains a mortgage from a lender then goes into...

May dinosaur fossils be considered part of a property’s mineral estate?

by Oscar Alvarez | Jan 25, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

Murray v. BEJ Minerals, LLC Facts: A seller conveys one-third of the mineral rights of a property...

May a lender prevent a homeowner from curing a mortgage default outside of a mortgage modification?

by Oscar Alvarez | Jan 23, 2019 | Finance and Mortgages, Latest Articles, Laws and Regs, Recent Case Decisions | 1

Turner v. Seterus, Inc. Facts: A homeowner experiences financial difficulties after losing their...

Category: Recent Case Decisions

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?

May a property owner who uses neighboring property with the consent of their neighbor retain use of the area after the neighbor’s property is sold?

May a landlord evict a tenant from a property in an area protected by a rent control ordinance when the property was converted from a single family residence exempted from the ordinance?

May an owner of a home constructed while title was held by an LLC receive tax benefits under Prop 13?

May a tenant be evicted when they pay the landlord a monthly payment one cent less than the agreed-upon amount?

May a commercial property owner whose property is seized through eminent domain recover money losses for lost goodwill when they refuse to relocate?

May a trustee foreclose on a property without verifying the validity of the underlying mortgage?

Is Fannie Mae liable for money losses resulting from a false foreclosure report in its underwriting software?

Does a deed transferring an interest in a property need to specify the type of ownership being changed?

May a buyer of foreclosed rental property serve a tenant with a notice to quit prior to perfecting title?

May a homeowner operate a vineyard on a property that prohibits commercial and business activity?

May the owner of a property burdened by an easement limit the dominant estate owner’s use based on historic use?

May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?

Does a seller’s broker breach the fiduciary duty owed the seller by failing to disclose material facts that impact a property’s value?

May a property owner obtain a private easement for a pathway on a neighbor’s property that the owner has used for more than five years?

Does a property owner impliedly dedicate their noncoastal pathway to the public after the formal dedication of an adjacent pathway?

May a mortgage holder recover the amount owed on a junior mortgage after a nonjudicial foreclosure when they are also the holder of the senior mortgage?

Does a lender who discusses foreclosure alternatives with a defaulting homeowner need to initiate the discussion to comply with the Homeowners’ Bill of Rights?

May dinosaur fossils be considered part of a property’s mineral estate?

May a lender prevent a homeowner from curing a mortgage default outside of a mortgage modification?

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