NEW LAW PROTECTS HOMEOWNERS FROM LIABILITY AFTER A SHORT SALE FOR THE UNPAID LOAN BALANCE ON THE FIRST DEED OF TRUST

• Post published:October 13, 2010
• Post category:Foreclosure/New real estate laws in CA/Real Estate/Short sales

Continue ReadingNEW LAW PROTECTS HOMEOWNERS FROM LIABILITY AFTER A SHORT SALE FOR THE UNPAID LOAN BALANCE ON THE FIRST DEED OF TRUST

THE SOLE REMEDY FOR A LENDER’S VIOLATION OF CIVIL CODE §2923.5 (FAILURE TO EXPLORE FORECLOSURE ALTERNATIVES) IS POSTPONEMENT OF THE FORECLOSURE SALE

• Post published:August 17, 2010
• Post category:Foreclosure/Real Estate

Continue ReadingTHE SOLE REMEDY FOR A LENDER’S VIOLATION OF CIVIL CODE §2923.5 (FAILURE TO EXPLORE FORECLOSURE ALTERNATIVES) IS POSTPONEMENT OF THE FORECLOSURE SALE

FORECLOSURE FORBEARANCE AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE

• Post published:July 18, 2010
• Post category:Contract/Foreclosure/Real Estate

Continue ReadingFORECLOSURE FORBEARANCE AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE

BROKER HAS FIDUCIARY DUTY TO DISCLOSE TO THEIR CLIENT, MATERIAL INFORMATION KNOWN TO ANY OF THE BROKER’S AGENTS

• Post published:July 18, 2010
• Post category:Disclosure/Real Estate

Continue ReadingBROKER HAS FIDUCIARY DUTY TO DISCLOSE TO THEIR CLIENT, MATERIAL INFORMATION KNOWN TO ANY OF THE BROKER’S AGENTS

ESCROW AGENT’S DUTY TO COMPLY WITH LENDER’S INSTRUCTIONS FOR THE DISBURSEMENT OF FUNDS CONTINUES EVEN AFTER THE CLOSE OF ESCROW

• Post published:July 17, 2010
• Post category:Escrow/Real Estate

Continue ReadingESCROW AGENT’S DUTY TO COMPLY WITH LENDER’S INSTRUCTIONS FOR THE DISBURSEMENT OF FUNDS CONTINUES EVEN AFTER THE CLOSE OF ESCROW

CONTRACT LANGUAGE ADVISING BUYER TO INVESTIGATE CONDITION OF PROPERTY BEFORE RELYING UPON AGENT’S STATEMENTS DOES NOT PROTECT AGENT FROM LIABILITY

• Post published:June 26, 2010
• Post category:Fraud/Real Estate

Continue ReadingCONTRACT LANGUAGE ADVISING BUYER TO INVESTIGATE CONDITION OF PROPERTY BEFORE RELYING UPON AGENT’S STATEMENTS DOES NOT PROTECT AGENT FROM LIABILITY

HOME MORTGAGE LENDER MAY BE LIABLE TO BORROWER FOR MARK-UP OF LOAN TRANSACTION COSTS

• Post published:June 26, 2010
• Post category:Real Estate/RESPA

Continue ReadingHOME MORTGAGE LENDER MAY BE LIABLE TO BORROWER FOR MARK-UP OF LOAN TRANSACTION COSTS

FAILURE TO MEDIATE, WHEN REQUIRED BY CONTRACT, CAUSES THE PREVAILING PARTY TO FORFEIT RECOVERY OF ATTORNEY FEES

• Post published:June 26, 2010
• Post category:Mediation/Real Estate

Continue ReadingFAILURE TO MEDIATE, WHEN REQUIRED BY CONTRACT, CAUSES THE PREVAILING PARTY TO FORFEIT RECOVERY OF ATTORNEY FEES

REAL ESTATE AGENTS SHOULD NOT GET FINANCIALLY INVOLVED WITH THEIR CLIENTS

• Post published:December 6, 2006
• Post category:Real Estate

Continue ReadingREAL ESTATE AGENTS SHOULD NOT GET FINANCIALLY INVOLVED WITH THEIR CLIENTS

A NEIGHBOR’S CONTINUED USE OF A BANK’S PARKING LOT CAN BECOME A PERMANENT RIGHT OF WAY BY PRESCRIPTIVE EASEMENT

• Post published:August 14, 2004
• Post category:Easements/Real Estate

Continue ReadingA NEIGHBOR’S CONTINUED USE OF A BANK’S PARKING LOT CAN BECOME A PERMANENT RIGHT OF WAY BY PRESCRIPTIVE EASEMENT