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Requirements of Disclosure for Realtors and How to Avoid Liability
One of the largest types of lawsuits related to the sale of property for real estate agents/brokers is that of misrepresentation or failure to disclose during the transaction. There is a legal obligation under Civil Code 2079 for a real estate agent or broker to conduct a reasonably competent and diligent visual inspection of the […]
Effective Summary Judgment Practice Series – Key to a Winning Separate Statement
Sometimes you have to lose to learn a valuable lesson. Several years ago I had what I thought was a slam dunk of a Motion for Summary Judgment. It was a case brought by a homeowner that was in default on her home loan and was suing the loan servicer and the assigned beneficiary for […]
Effective Summary Judgment Practice Series – Early Preparation
Summary Judgment, which is permitted in California by Code of Civil Procedure 437c, is a very effective tool to dispose of a case. In my practice, I have learned that early preparation and understanding of the keys facts and elements of the causes of action at the outset of the case is key to a […]
Navigating the Loan Assumption/Loan Modification Process After the Death of a Borrower in California
In 2013 California enacted what is termed the Homeowners’ Bill of Rights (“HOBR”) to assist both loan servicers and homeowners in navigating the process of loan modifications or other foreclosure alternatives when a loan is in default. But what about when the homeowner dies and there is a mortgage in default? Does the non-borrower have a […]