Category: Real Estate Law
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What is the Appropriate Leasing Term for you?
Signing a commercial lease is a significant commitment for most businesses. Whether negotiating or renewing a commercial lease, it can be difficult to determine the best lease term for your business. Many companies settle for a “standard” 5-year term, which may be appropriate. But there are factors to consider that could make a shorter…
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What to Do Before You Buy Commercial Real Estate in the Bay Area
You need to consider certain details before you sign a commercial real estate purchase agreement. Speak with a commercial real estate attorney Bay Area for more.
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Estate Planning and Trust Administration Made Easier
Have You Reviewed Your Trust Recently? Many estate plans created prior to 2012 should be reviewed and possibly amended to take advantage of the simplicity of the new law.
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Commercial Real Estate 1031 Tax-Deferred Exchanges
The case reinforces the need for owners and landlords of commercial real estate to seek counsel well in advance of any sale, lease or exchange of commercial real estate.
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Landlord and Tenant to Agree
This case highlights the need for…
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Legal Tactic Switcheroo in Landlord-Tenant Dispute Fails Due to Missing “Rent Due” Notification
Timing of 3-Day Notice to Pay Rent or Quit was not preceded by written notice that the lease in question was reinstated and that rent was again due. In December 2014, the Appellate Court issued an Opinion in the Santa Clara County case of Kruger v. Reyes, 14 C.D.O.S. 14116 (December 17, 2014) that illustrates…
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Insurance Claim for Pre-foreclosure Damage May Be Barred By Full Credit Bid at Foreclosure Sale
Foreclosing lenders in secured transactions who intend to make a claim under an insurance policy for pre-foreclosure damage should be wary of making a full credit bid at the foreclosure sale.
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Chavez v. Indymac Mortgage Services
Mortgage Lenders Estopped From Relying On Own Failure To Sign Modification Agreement As Basis For Invalidating Agreement In the case of Chavez v. Indymac Mortgage Services (C.A. 4th; September 19, 2013; D061997), the Fourth Appellate District held that lenders who failed to execute and return a loan modification agreement to a borrower were equitably estopped…
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Equitable Subrogation
Equitable Subrogation: Examining The Intended Lien Priorities Of The Parties In California, lien priority on real property is governed by the “first in time, first in right” rule set forth in California Civil Code § 2897. Simply put, liens that are recorded first have priority over liens that are subsequently recorded. There exists, however, a…
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Recent Changes To Anti-Deficiency Statutes
Recent Changes To Anti-Deficiency Statutes In July 2013, Governor Jerry Brown signed into law Senate Bill 426, which amends and broadens anti-deficiency protections of California Code Of Civil Procedure § 580b and 580d. In its existing form, CCP 580b prohibits a deficiency judgment following any nonjudicial foreclosure under a deed of trust securing either (1)…