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Articles 1 - 12 of 12

Full-Text Articles in Law

The Great Rent Control War, Myron Moskovitz Dec 2010

The Great Rent Control War, Myron Moskovitz

Publications

No abstract provided.


New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt Nov 2010

New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt

Publications

This article examines the decision in Holmes v. Summer where the court held that a sellers broker “had a duty to disclose . . . liens before the buyers signed . . . [an] agreement.” The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side.


Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White Oct 2010

Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White

Publications

No abstract provided.


How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt Sep 2010

How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt

Publications

This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.


Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer Jul 2010

Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer

Publications

This article examines SB 1178 and its potential to significantly modify the CCP 580b antideficiency rule..


The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt May 2010

The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt

Publications

This article examines the the California Supreme Court case Steiner v. Thexton as to illusory promises and critiques the various standard broker forms Realtors Residential Purchase Agreements.


Crooked Originators And Cruel Insurers, Roger Bernhardt Apr 2010

Crooked Originators And Cruel Insurers, Roger Bernhardt

Publications

This article discusses title Insurance & the secondary market & warehoused loans.


If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt Mar 2010

If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt

Publications

This article. highlights the importance of a judgment creditor to record a request for notice of default and to execute on insurance funds before they are paid to the judgment debtor.


Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt Jan 2010

Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt

Publications

This article discusses a case involving a California lender’s duty to explore options to prevent foreclosure under CC 2923.5 and the inadequate remedies made available to trustors under it..


The Cost Of Defaulting, Roger Bernhardt Jan 2010

The Cost Of Defaulting, Roger Bernhardt

Publications

This article discusses Holbert v. Fremont Inv. & Loan where a homeowner refinanced her home numerous times in the recent [ast amd asks whether she would now be better off to default.


The Morality Of Strategic Default, Brent T. White Jan 2010

The Morality Of Strategic Default, Brent T. White

Publications

No abstract provided.


Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White Jan 2010

Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White

Publications

No abstract provided.