A Plaintiff borrower appealed a judgment from the Superior Court of Alameda County (California), which sustained a demurrer to the borrower’s complaint challenging the validity of a non-judicial foreclosure by defendants, the beneficiary under the deed of trust and the loan servicer. In Haynes v. EMC Mortgage Corporation (Cal. App. First Dist., Div. 4; April […]

Civil Code §2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker.  The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker.  This case involves claims brought against a dual listing agent.  The […]

For my second discussion in this series about recent cases dealing with real estate law in California decided by the California Court of Appeal I wanted to mention these two decisions from the Fourth District, Division Three, and Fifth District in California—one involving construction litigation and the other involving city zoning restrictions. YOU SPOT ZONE […]

Recently, at the conclusion of last year, 2011, California courts issued a number of important rulings in the area of real estate litigation.  Let me briefly mention the first two here and next week I will provide a synopsis of the other two worthy of your consideration.  The first two I want to profile for […]

Condo Rentals Starting January 1, owners of units in a common-interest development, usually a condominium, must be allowed to rent or lease their units unless it was restricted before they took ownership. Senate Bill 150 was designed to counter new homeowner association (“HOA”) rules put in place to stem the tide of tenant-occupied properties. It […]

In an effort to stimulate the economy, California is offering first-time homebuyers up to $10,000 in state tax credits. Two different types of homebuyer credit are available: credits for first-time homebuyers and credits for homebuyers opting for new homes. The credits are alternative credits, such that a homebuyer qualifying for both must choose one or […]