Category: Recent Case Decisions

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...

May a landlord who purchases rental property evict an existing tenant who enters into a new rental agreement with the landlord?

by Benjamin J. Smith | Jan 21, 2019 | Latest Articles, Recent Case Decisions | 0

DLI Properties LLC v. Hill Facts: A landlord who recently purchased rental property enters into a...

May an easement be extinguished by adverse possession when property taxes are not timely paid?

by Oscar Alvarez | Jan 21, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

McClear-Gary v. Scott Facts: The owner of a property holds an easement over the servient property....

Does the granting of a life estate constitute a change of ownership which triggers reassessment?

by Benjamin J. Smith | Jan 14, 2019 | Latest Articles, Recent Case Decisions | 0

Durante v. County of Santa Clara Facts: Two property owners hold a 50% interest in a property as...

May a landlord set a late payment fee as a percentage of the rent?

by ft Editorial Staff | Oct 16, 2018 | Forms, Landlords and Tenants, Latest Articles, Recent Case Decisions | 0

Del Monte Properties and Investments, Inc. v. Dolan Facts: A landlord rents a residential property...

May a homeowners’ association (HOA) collect assessments from an owner after the owner files for bankruptcy?

by ft Editorial Staff | Sep 18, 2018 | Distressed Sales, Finance and Mortgages, Latest Articles, Loan Products, Recent Case Decisions | 0

Goudelock v. Sixty-01 Association of Apartment Owners Facts: A property owner buys a condominium...

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Category: Recent Case Decisions

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?

May a landlord who purchases rental property evict an existing tenant who enters into a new rental agreement with the landlord?

May an easement be extinguished by adverse possession when property taxes are not timely paid?

Does the granting of a life estate constitute a change of ownership which triggers reassessment?

May a landlord set a late payment fee as a percentage of the rent?

May a homeowners’ association (HOA) collect assessments from an owner after the owner files for bankruptcy?

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