On June 22, 2012, the SJC issued a decision in Eaton v. Federal National Mortgage Ass’n et al, Massachusetts Supreme Judicial Court, (June 22, 2012) (Case No. SJC-11041) holding that a foreclosure by sale pursuant to a mortgage power of sale provision must be conducted by a mortgagee that either holds the underlying mortgage note or […]
FTB Reverses Course on Mello-Roos Taxes – For Now
After announcing its intention to add additional reporting requirements relating to real estate tax deductions, the California Franchise Tax Board (FTB) has abruptly changed course. The FTB recently announced that it would require California taxpayers to separately report ad valorem taxes, assessments, special taxes and fees not based on a property valuation basis. The FTB […]
Cow Versus Motorcycle.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a […]
Foreclosure or Short Sale: Strategies for Homeowners Video Release
Attend the release viewing of Mark Mellor’s New DVD/ Informational Video “Foreclosure or Short Sale: Strategies for Homeowners” at our office tomorrow 5:30 p.m. 6800 Indiana Avenue, Suite 220, Riverside, CA 92506; (951) 221-4744. In return for the advanced viewing, Mr. Mellor wants to hear your constructive criticism for making improvements to the DVD before final […]
Lease Doesn’t Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the lease grants the tenant […]
A Deed Of Trust Is Not A Mortgage.
Civil Code §2932.5 states: “Where a power to sell real property is given to a mortgagee . . .[t]he power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded.” Here a deed of trust was assigned but not recorded, and the homeowner lost in the trial court. Despite […]
New Bills Give Renters 90 Days to Stay in Foreclosed Home Before Eviction
The California Legislature approved two bills that would help tenants who are on the verge of having their home foreclosed upon remain in their property for a longer period of time. Assembly Bill 2610, sponsored by Nancy Skinner (D-Berkeley), and Senate Bill 1473, sponsored by Loni Hancock (D-Berkeley), will require purchasers of foreclosed homes to […]
Is a Deed of Trust the Same as a Mortgage? Not in California
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 […]
Which Statute of Limitations Applies in Certain Real Estate Related Matters?
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 […]
Construction Litigation and City Zoning Restrictions News in California
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 […]