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Articles 1 - 15 of 15
Full-Text Articles in Law
The Uncertain Requirement For Recording Assignments Of Deeds Of Trust, Roger Bernhardt
The Uncertain Requirement For Recording Assignments Of Deeds Of Trust, Roger Bernhardt
Publications
Analysis of a recent California decision exempting the assignment of a deed of trust from California’s statutory recording requirement on the ground that the act applies only to mortgages.
Maya V. Centex Corp., Roger Bernhardt
Maya V. Centex Corp., Roger Bernhardt
Publications
Analysis of a recent Ninth Circuit Decision holding that plaintiffs have alleged sufficient injury for standing purposes in claiming that developers misrepresented the future quality of the neighborhood to them.
More On Mortgage Transfer Mysteries, Roger Bernhardt
More On Mortgage Transfer Mysteries, Roger Bernhardt
Publications
A review of recent federal and state decisions in California involving mortgage transfers.
The Priority Fight Between The Second Mortgagee And The Subrogated Insurance Carrier, Roger Bernhardt
The Priority Fight Between The Second Mortgagee And The Subrogated Insurance Carrier, Roger Bernhardt
Publications
Analysis of a recent decision holding that the insurance carrier who had paid the first mortgagee had a superior right to the remaining value of the property by virtue of subrogation than did the second mortgagee, even though the second was also insured under the same policy.
Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt
Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt
Publications
Lessor could not recover cost of repair damages for lessee’s breach of maintenance and repair obligations when lease had neither expired nor been terminated. Similarly, when lease will be in effect for extended term, lessor may recover waste damages before lease expiration or termination only on showing of substantial and permanent damage resulting in reduced market value.
Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt
Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt
Publications
Ability of secondary market participants to foreclose on transferred mortgages.
Creative Ventures, Llc V Jim Ward & Assocs.: (2011) 195 Ca4th 1430, - Cr3d, Roger Bernhardt
Creative Ventures, Llc V Jim Ward & Assocs.: (2011) 195 Ca4th 1430, - Cr3d, Roger Bernhardt
Publications
Analysis of a California decision applying usury sanctions to third party investors.
The Priorities Of Proceeds And Rents, Roger Bernhardt
The Priorities Of Proceeds And Rents, Roger Bernhardt
Publications
Analysis of a Seventh Circuit decision involving priority of claims to rents.
Being Professionally Responsible In Property Transactions, Roger Bernhardt
Being Professionally Responsible In Property Transactions, Roger Bernhardt
Publications
Discussion of two cases sanctioning lawyers for improperly 1) going into business with the client, and 2) working with the other side after quitting the case.
Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt
Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt
Publications
A review of recent California decisions challenging the validity of mortgage transfers through MERS.
Redevelopment Agency V Bnsf Ry. (9th Cir 2011) 643 F3d 668, Roger Bernhardt
Redevelopment Agency V Bnsf Ry. (9th Cir 2011) 643 F3d 668, Roger Bernhardt
Publications
Analysis of a Ninth Circuit involving pollution by a former owner.
Mixed Messages On Mortgage Foreclosures, Roger Bernhardt
Mixed Messages On Mortgage Foreclosures, Roger Bernhardt
Publications
A review of recent California decisions involving challenges to mortgage foreclosures.
“I Coulda Been A Contender”: Lost Profits After A Contract Breach, Roger Bernhardt
“I Coulda Been A Contender”: Lost Profits After A Contract Breach, Roger Bernhardt
Publications
This article forewarns litigators and transactionalists of the potential pitfalls regarding lost profits where a seller breaches a contract ti convey property. Considerations cover the various stages of a purchase agreement from negotiating the deal, conducting litigation, and introducing evidence.
New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt
New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt
Publications
This article discusses the addition of CCP 580e to the current antideficiency statutes, the kinds of borrowers protected and lenders affected. The article coves the new 580e exceptions and the protection it provides in short sales.
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
Publications
This Article offers suggestions about the appropriate definition of the five words "the social function of property"-so pregnant with meaning and promise, yet for many so ill defined. Although the Article does not address the development of the notion of the social function of property within a particular national tradition or experience, it makes reference to a wide range (with respect both to location and type of property) of examples from across Latin America and the Caribbean. In doing so, the Article seeks to do three things. First, it makes the normative case that "the social function of property" can …