Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Foreclose (3)
- Foreclosure (3)
- Assignment (2)
- Bankruptcy (2)
- CC 2924 (2)
-
- CCP 580 (2)
- Community property (2)
- Fraud (2)
- Landlord (2)
- One action rule (2)
- Regulatory taking (2)
- Reimbursement (2)
- Separate property (2)
- Trustee sale (2)
- 6 Angels v. Stuart Wright Mortgage (1)
- Access right (1)
- Adjusted basis (1)
- American Society of Home inspectors (1)
- Antideficiency (1)
- Arbitration clause (1)
- Assign (1)
- Assignee (1)
- Assignor (1)
- Bad faith (1)
- Bid chilling (1)
- Broker duty (1)
- Building code violation (1)
- Bus & P C 10470 (1)
- Buyer damages (1)
- CC 1102 (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Willful Drivel, Roger Bernhardt
Willful Drivel, Roger Bernhardt
Publications
This article covers California real estate transactions where “willfulness” determines liability. Six areas are included in the discussion: landlord and tenant relations, landowners, real estate sales, homeowner associations, construction, and loans.
The Dangers Of Disrepair, Roger Bernhardt
The Dangers Of Disrepair, Roger Bernhardt
Publications
This article discusses a California case where the landlord was held liable for property damage from a defective electrical system even though the tenants had not paid rent for the past year. The article covers liability in tort or contract, untenantability, attorney fees, and the interaction of the duty to repair and the duty to pay rent.
Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt
Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt
Publications
This article discusses a California case where a mistaken assignment of a leasehold could have been avoided had a bank’s lawyers paid more attention to landlord-tenant law than to foreclosure law.
Faithful Waste, Roger Bernhardt
Faithful Waste, Roger Bernhardt
Publications
This article discusses the interaction of waste and antideficiency statutes in California as to financial waste. The critical inquiry is whether the waste was done in bad faith.
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Publications
This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.
Setting Aside Foreclosure Sales, Roger Bernhardt
Setting Aside Foreclosure Sales, Roger Bernhardt
Publications
This article discusses when a foreclosure sale is complete and insulated from challenges to have it set aside, as well as what are sufficient grounds to stop or set aside a sale.
Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt
Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt
Publications
This article discusses a California case which held an arbitration clause in a reverse mortgage unenforceable because it was procedurally and substantively unconscionable.
Breach Of Agreement To Negotiate: Vestar Dev. V General Dynamics, 2001, Roger Bernhardt
Breach Of Agreement To Negotiate: Vestar Dev. V General Dynamics, 2001, Roger Bernhardt
Publications
This article discusses a Ninth Circuit case where the court held that in a suit for breach of agreement to negotiate the sale of real property, a prospective buyer cannot seek lost profits because they are too speculative. The Editor discusses the importance of creating an enforceable contract or buying an option.
Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt
Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that community funded improvements to a spouse’s separate property are not presumed to be a gift and that the community is entitled to reimbursement.
Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt
Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a court may set aside a nonjudicial foreclosure sale when two buyers combine to restrain competition and to buy the property at an inadequate price.
Easement Of Necessity: Kellogg V Garcia, 2001, Roger Bernhardt
Easement Of Necessity: Kellogg V Garcia, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a landlocked parcel acquired an easement of necessity over an adjacent parcel, even if historically the common owner of both parcels was the federal government.
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Publications
This article discusses a California case which held that an escrow holder that who the principals’ escrow instructions owes no duty of care to nonparties to the escrow.
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.
Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt
Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt
Publications
This article discusses a California case which held an assault victim had failed to prove that lack of security at an apartment building resulted in entry of assailants and proximately caused her assault.
Owner Move-In Restrictions: Cwynar V San Francisco, 2001, Roger Bernhardt
Owner Move-In Restrictions: Cwynar V San Francisco, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a complaint that an ordinance prohibiting property owners from evicting tenants in order to move into their own property states a cause of action for a regulatory taking.
Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt
Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt
Publications
This article discusses a California case dealing with lender postponement and reinstatement issues prior to a foreclosure sale.
Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt
Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that on dissolution of marriage a spouse is entitled to reimbursement for payment of 1) a fee required for family home building permit, and 2) construction loan consideration, both paid from separate property.
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that after a creditor holding senior and junior loans on the same property sells them to independent parties, the one action rule does not bar the sold-out junior’s suit for a deficiency following the senior’s judicial foreclosure.
Takings And The Notice Defense: Palazzolo V Rhode Island, 2001, Roger Bernhardt
Takings And The Notice Defense: Palazzolo V Rhode Island, 2001, Roger Bernhardt
Publications
This article discusses a Supreme Court case which held that a takings claim challenging land use regulation restricting development of property is permissible even though a landowner had notice of the regulation when title was acquired.
The Buyer’S Measure Of Damages For A Seller’S Breach: Reese V Wong, 2001, Roger Bernhardt
The Buyer’S Measure Of Damages For A Seller’S Breach: Reese V Wong, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that the buyer’s measure of damages for a seller’s breach of contract is the difference between the contract price and the fair market value at the time of the breach, not at the time of trial.
The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt
The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt
Publications
This article discusses a case which the court held that the California Home Equity Sales Contract Act does not apply when the homeowner does not reside in the home sold.
The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt
The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that the protection of California’s Real Estate Recovery Fund was limited to members of the public and did not include title insurance companies”
A Primer On The Sale Of Residence Tax Rules After The Proposed Regulations, Wayne M. Gazur
A Primer On The Sale Of Residence Tax Rules After The Proposed Regulations, Wayne M. Gazur
Publications
No abstract provided.