The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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When Do I Need a Real Estate Lawyer?

January 14, 2019 by Mark Mellor

When you buy or sell real estate, you’ll likely hear, “You should get an attorney.” There are real estate transactions and negotiations that will require an attorney. You might want to buy a foreclosed property but not know the risks. You may be considering a short sale to avoid a foreclosure. Or, other real estate […]

Filed Under: Real Estate Education

Judicial Admission Made In Unverified Complaint Against General Contractor.

August 19, 2015 by

This is the scenario: A homeowner sued a general contractor, alleging shoddy work. In his unverified complaint, the homeowner alleged the contractor was licensed at all times. The general contractor responded with a cross-complaint for unpaid work.  A local rule required plaintiff to identify all controverted issues, and plaintiff did not identify licensure as a […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Legal News, Real Estate Education, Real Estate Law News Tagged With: 188 Cal.Rptr.3d 471, 237 Cal.App.4th 772, Bus. & Prof. Code § 7031(d), Business and Professions Code section 7031(d)

Take My Word For It. . .The Foreclosure Sale Was Canceled.

July 30, 2015 by

A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]

Filed Under: Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education, Real Estate Law News Tagged With: § 1624(a)(3), § 1698, § 2922, 186 Cal.Rptr.3d 408, 236 Cal.App.4th 411, Civ.Code, Civ.Code § 1624(a)(3), Civ.Code § 1698, Civ.Code § 2922, Civil Code section 1624, Civil Code section 1624 subsection (a) subdivision (3), Civil Code section 1698, Civil Code section 2922, section 1698, section 2922, subdivision (3)

Inaccurate Record Of Debt Collection Efforts.

June 29, 2015 by

A lender who lends money used to purchase a parcel of property and who holds a junior lien on that property cannot sue the borrower personally for the loan balance if the senior lienholder who also contributed to the purchase of the property forecloses on the property but does not collect enough from the foreclosure […]

Filed Under: Appellate Law News, Debt Collection Law News, Legal News, Real Estate Education

Real Estate Agents’ Agreement To Share Commissions.

June 12, 2015 by

Commissions

The allegations are that two licensed real estate salespersons agreed to share commissions earned by either of them on certain sales of real property. One sued the other for breaching that agreement, and the trial court sustained the defendant’s demurrer without leave to amend, relying on defendant’s contention that Business and Professions Code section 10137 […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Real Estate Education, Real Estate Law News

Deed Altered, Omitting Plaintiff’s Name, But She Still Loses Quiet Title Action.

March 17, 2015 by Leave a Comment

In her quiet title action, plaintiff alleges she pooled her $150,000 with two entities in partnership for the purchase of a residential property at a foreclosure auction for the purchase price of $250,000. In the original version of the trustee’s deed, it stated that one of the entities had a 75 percent and the other […]

Filed Under: Appellate Law News, Legal News, Real Estate Education, Real Estate Law News

A Private Property Owner May Not Limit The Remedy Of A Neighbor Property Owner.

February 6, 2015 by Leave a Comment

Remedy

In expanding, a ski resort dug a water retention basin to change its drainage system. The diverted run-off adversely affected 180 downhill condominium units. A lawsuit resulted, and the trial court granted a permanent injunction that requires the ski resort to remove its retention basin. On appeal, the ski resort argued there was no entitlement […]

Filed Under: Appellate Law News, Damages Law News, Easement and Property Rights Law News, Legal News, Real Estate Education

It Doesn’t Get Much Sadder Than This.

February 3, 2015 by Leave a Comment

summary judgment

A mom, dad and their three children checked into a tennis club hotel for their vacation to celebrate the sixth birthday of the family’s twin boys. They requested a room on the first floor; when none were available, they checked into a room on the second floor. Mom was looking through brochures to plan the […]

Filed Under: Appellate Law News, Legal News, Negligence Law News, Personal Injury Law News, Real Estate Education

Buyer Of Real Property May Not Rely On Appraisal Ordered By Lender.

January 2, 2015 by Leave a Comment

Plaintiff entered into a written contract to buy vacant land. His lender hired a real estate appraiser to perform an appraisal of the property. Upon determining the property he purchased was unsuitable for his purposes, plaintiff brought an action against the appraiser for negligent misrepresentation, alleging the property value in the appraisal was in excess […]

Filed Under: Appellate Law News, Damages Law News, Legal News, Procedural Law News, Real Estate Education, Real Estate Law News, Trial Law News

“A Successful Lawsuit Is One Worn By A Policeman,” Robert Frost.

December 31, 2014 by Leave a Comment

In March 2004, a real estate broker signed an exclusive listing agreement with the seller of acreage. In September 2004, a potential buyer extended an offer directly to the seller. Meanwhile, as the seller negotiated with the potential buyer, plaintiff continued to market the property. The sale of the property closed in July 2005 with […]

Filed Under: Appellate Law News, Damages Law News, Legal News, Real Estate Education, Real Estate Law News

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Recent News

When Do I Need a Real Estate Lawyer?

January 14, 2019 By Mark Mellor

When you buy or sell real estate, you'll likely hear, "You should get an attorney." There are real estate transactions and negotiations that will require an attorney. You might want to buy a foreclosed property but not know the risks. You may be considering a short sale to avoid … Read More...

New Laws In 2019 For Real Estate Disclosures In California

December 28, 2018 By Mark Mellor

Assembly Bill (AB) 1289 recently made several changes to real estate disclosure requirements. These changes are effective January 1, 2019. One decidedly positive change the new law has made is to move legislative language away from the more antiquated terms, “selling agent” … Read More...

What You Need to Know About Construction Defect Litigation

December 24, 2018 By Mark Mellor

When there is a defect in the material, workmanship or design of a building, it can bring about liability issues and costly expenses. These building flaws are known as construction defects, and they can endanger people's lives if the factors causing these defects are left … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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