California Real Estate and Business Attorney

02/21/2025

Title Insurance Compensates for Loss Based on the Highest and Best Use, Not the Use at the Time of Discovery of the Defect.

https://tinyurl.com/29773dab

11/30/2023

Due on Sale Clause and Wrap Mortgage - exception for parents to children

An all-inclusive deed of trust (“AITD”) is used when the seller will be financing part of the selling price, and the buyer will also take subject to the existing deed of trust. The seller remains ...

11/16/2022

https://www.calrealestatelawyersblog.com/asessor-parcel-numbers-apn-cannot-always-be-relied-on-in-legal-descriptions-the-rules-involved/
APNs in legal descriptions are not always reliable

10/12/2021

Electronic signatures are commonly used in California, especially with real estate contract documents, and are accepted by real estate brokers and escrow officers. But what happens when there is a dispute and the person who supposedly e-signed denies doing so, claiming that the signature was forged? That was the case in a recent decision out of San Diego where a homeowner claimed that they did not sign a financing contract for solar panels....

Electronic signatures are commonly used in California, especially with real estate contract documents, and are accepted by real estate brokers and escrow officers. But what happens when there is ...

09/07/2021

A quiet title action is brought to establish, or “quiet”, an interest in real estate between adverse parties. One can establish any interest in property or cloud upon title. (CCP §760.010) A common goal is to establish title by adverse possession. Adverse possession is a way of acquiring title to real property through continuous possession or use for a specified period of time....

A quiet title action is brought to establish, or “quiet”, an interest in real estate between adverse parties. One can establish any interest in property or cloud upon title. (CCP §760.010) A ...

05/24/2021

In California, a third party who acts in reliance on a quiet title judgment retains its property rights even if the judgment is later invalidated as void, as long as the third party qualifies as a bona fide purchaser for value. The third party must do so without knowledge of any defects in the judgment. But “knowledge” is a slippery term....

In California, a third party who acts in reliance on a quiet title judgment retains its property rights even if the judgment is later invalidated as void, as long as the third party qualifies as ...

03/22/2021

The alter ego doctrine is a procedure that creditors use when their judgment is against a corporation or LLC which is owned by, or controlled by, a sole shareholder. Usually, the corporation has no assets to collect from, and the goal of the creditor is to go after the shareholder’s personal assets, claiming that the corporation is a sham. In effect, the corporation is the shareholder’s alter ego and the shareholder should not hide behind the corporation....

The alter ego doctrine is a procedure that creditors use when their judgment is against a corporation or LLC which is owned by, or controlled by, a sole shareholder. Usually, the corporation has ...

03/16/2021

A Quiet Title action is a lawsuit that a person files to establish their title against adverse claims. For example, what if a signature is missing on the deed of trust, and the deed of trust is foreclosed? Was it a necessary signature, for example, the wife of the owner, when the wife was not on the deed? In a recent decision from Grenada Hills, the Note Holder started the process for a trustee’s sale, and the owner filed a quiet title action....

A Quiet Title action is a lawsuit that a person files to establish their title against adverse claims. For example, what if a signature is missing on the deed of trust, and the deed of trust is ...

03/12/2021

Damages to Trees - When Treble Damages Requires Trespass

California law provides enhanced damages when someone harms a tree on another person’s property. The tree is owned by the owner of the real estate. There is a provision for doubling the damages ...