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Articles 1 - 16 of 16

Full-Text Articles in Law

The Suborned Subescrow, Roger Bernhardt Nov 2006

The Suborned Subescrow, Roger Bernhardt

Publications

This article examines a case involving subescrows, popular in southern California. They are not the same as true escrows, but their role if often blurred.


When Neither Party Will Fix The Roof, Roger Bernhardt Oct 2006

When Neither Party Will Fix The Roof, Roger Bernhardt

Publications

This article discusses the conflict that arises in commercial property where neither tenant nor landlord has a duty to repair: the landlord may not evict and the tenant may not quit. The tenant may ultimately be held responsible for the repair under the duty to avoid waste.


Misindexed Documents, Roger Bernhardt Oct 2006

Misindexed Documents, Roger Bernhardt

Publications

No abstract provided.


Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave Oct 2006

Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave

Publications

No abstract provided.


Misindexed Documents, Roger Bernhardt Oct 2006

Misindexed Documents, Roger Bernhardt

Publications

This article discusses the absurdity of the majority rule holding that misindexed documents nevertheless give constructive notice.


Attorneys As Escrow Agents, Roger Bernhardt Sep 2006

Attorneys As Escrow Agents, Roger Bernhardt

Publications

This article details the conflicts of interest that can arise when an attorney representing a buyer also acts as escrow agent for both parties.


The Plight Of The Buyer’S Broker, Roger Bernhardt Jul 2006

The Plight Of The Buyer’S Broker, Roger Bernhardt

Publications

This article examines the commission claims of buyers’ brokers encounter with commissions and the tort for interference with prospective economic advantage.


Uncertain Dangers In Unlawful Detainers, Roger Bernhardt May 2006

Uncertain Dangers In Unlawful Detainers, Roger Bernhardt

Publications

This article discusses the nature of unlawful detainer actions in California and the difficulties they create on tenants’ ability to negotiate with landlords over honest disputes..


Risky Recitals, Roger Bernhardt Apr 2006

Risky Recitals, Roger Bernhardt

Publications

This article compares judicial foreclosure to nonjudicial trustee sales and the significance of recitals in the trustee’s deed


Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt Mar 2006

Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt

Publications

This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.


Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt Jan 2006

Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.


Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt Jan 2006

Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt

Publications

This article discusses a Ninth Circuit case where plaintiffs unsuccessfully claimed violation of the Fair Housing Act because the homeowners association had never refused to make the requested accommodation.


Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt Jan 2006

Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt

Publications

This article discusses a California case which held calculated an equitable subrogation award following sale of a home by crediting all joint tenant’s mortgage payments against net proceeds before dividing the balance into equal shares.


What Happens When The Sky Does Fall In?, Roger Bernhardt Jan 2006

What Happens When The Sky Does Fall In?, Roger Bernhardt

Publications

This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.


Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt Jan 2006

Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt

Publications

This article discusses a California case which court held that posting of permission-to-pass signs by a lessee, who was not landowner’s authorized agent, was ineffective to stop the neighbor’s prescriptive easement claim.


Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt Jan 2006

Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that a tenant in common’s exclusive use of property was insufficient to establish adverse possession or an ouster.