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Articles 1 - 10 of 10
Full-Text Articles in Law
Summit Financial Holdings Redux, Roger Bernhardt
Summit Financial Holdings Redux, Roger Bernhardt
Publications
This article analyzes the California case Summit Financial Holdings v. Continental Lawyers where the borrower continues to make payments to the lender after it has assigned the note to a third person.
The Yield Spread Premium Controversy, Roger Bernhardt
The Yield Spread Premium Controversy, Roger Bernhardt
Publications
This article discusses yield spread premiums and the split among the courts as to their validity under RESPA.
Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt
Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt
Publications
This article analyzes community property and separate property distributions on dissolution of marriage in California.
(When) Am Imy Borrower’S Keeper? Good Faith And Loan Workouts, Roger Bernhardt
(When) Am Imy Borrower’S Keeper? Good Faith And Loan Workouts, Roger Bernhardt
Publications
This article deals with a California case involving alleged predatory lending and analyzes the duty of fair dealing and why lenders prefer an objective reasonableness standard to that of subjective good faith.
Exactions And Takings: San Remo Hotel V San Francisco, 2002, Roger Bernhardt
Exactions And Takings: San Remo Hotel V San Francisco, 2002, Roger Bernhardt
Publications
This article discusses a California Supreme Court decision which upheld an ordinance imposing the full cost of creating a replacement unit elsewhere on the property owner who wanted to covert a residential unit into a tourist unit.
Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt
Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt
Publications
This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.
Liens Reattaching After Foreclosure: Dmc V Downey Sav. & Loan, 2002, Roger Bernhardt
Liens Reattaching After Foreclosure: Dmc V Downey Sav. & Loan, 2002, Roger Bernhardt
Publications
This article discusses a California case which held that when a former property owner reacquires it after foreclosure with a new purchase money loan, that lien has priority over the previously wiped-out junior lien that reattached to the property.
Nonrefundable Option Payments As Liquidated Damages: Allen V Smith, 2002, Roger Bernhardt
Nonrefundable Option Payments As Liquidated Damages: Allen V Smith, 2002, Roger Bernhardt
Publications
This article discusses a California case which held a residential purchase agreement labelling the buyer’s deposit as “nonrefundable purchase option” is unenforceable.
Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt
Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt
Publications
This article discusses a California case which held that a recorded notice that a residence was “substandard” was neither a defect in, nor a lien or encumbrance on the title under the title insurance policy.
Termination Of Partnership: Crow Irvine #2 V Winthrop Cal. Investors, 2002, Roger Bernhardt
Termination Of Partnership: Crow Irvine #2 V Winthrop Cal. Investors, 2002, Roger Bernhardt
Publications
This article discusses a California case which held that a termination clause in a partnership agreement requiring a good faith belief in irreconcilable difference between partners, is measured by a subjective standard, not an objective standard.