Bill Shiber

Bill Shiber

Miller Starr Regalia

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Redeveloping Redevelopment: Recent Legislation

THE RISE AND (UNINTENDED) FALL OF REDEVELOPMENT IN CALIFORNIA. The rise and fall of redevelopment agencies in California has been extensively written about, including in this publication. The history of redevelopment...more

7/22/2014 - CRA Funding New Legislation Public Entities Public Schools Redevelopment Tax Increment Financing

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

5/15/2014 - Appeals Condemnation Consent Inspections Private Property Search Warrant Takings Tenth Amendment

California Court Rejects “Sham Guaranty” Defense; Enforces Guaranty

The “sham guaranty” defense may absolve a guarantor of liability when no deficiency is available against the borrower, and the guarantor is really the borrower with a different name. In California Bank and Trust v. Lawler...more

2/10/2014 - Deed of Trust Deficiency Judgments Fraud Guarantors Guaranty Claims

Lenders Beware! Seller Subordination Agreement Ahead Lenders Beware! Seller Subordination Agreement Ahead

In Citizens Business Bank v. Gevorgian (2013) 218 Cal.App.4th 602, the Court declined to enforce a subordination agreement, where modifications to the underlying loan accomplished through a “side letter” to the construction...more

9/3/2013 - Lenders Liens Loans Subordination

California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego....more

9/3/2013 - Eminent Domain High-Speed Rail Public-Private Partnerships Takings

Popeye And Purchase Money Loans

In Enloe v. Kelso, 2013 WL 3357884 (2d Dist. 2013), the Second District Court of Appeal wrote a (characteristically) “short and sweet” opinion holding that the prohibition on obtaining a deficiency judgment under a deed of...more

7/19/2013 - Banks Borrowers Deed of Trust Deficiency Judgments Lenders Purchase Money Loans

The Collateral Source Rule and Title Insurance: Broker Accused of Fraud by Lender May Show it Obtained Title Insurance as Defense

In Chanda v. Federal Home Loans Corp. (2013) 215 Cal.App.4th 746, the court analyzed application of the so-called “collateral source” rule to preclude evidence of title insurance, in the context of a claim by a lender against...more

6/4/2013

Beware of Deed of Trust Securing Multiple Loans: Priorities May Not Be as They Appear!

In R.E. Loans LLC v. Investors Warranty of America, Inc. (2013) 212 Cal.App.4th 1432, the court of appeal decided that a subordination agreement was enforceable even though the new deed of trust (“subordinating loan”) to...more

4/11/2013 - Deed of Trust Default Foreclosure Loans Subordination Subordination Agreement

Failure to Conduct Face-To-Face Interview With Borrower Precludes Nonjudicial Foreclosure Sale Under FHA Loan – Pfeifer v....

California courts have to date been reluctant to inject themselves into the comprehensive nonjudicial foreclosure scheme enacted by the Legislature at Civil Code section 2924 et seq....more

1/21/2013 - Borrowers Countrywide FHA HUD Interviews Loans Mortgages Non-Judicial Foreclosures

Neither Failure to Name Trustee In Deed of Trust Nor Absence of The Original Note Will Invalidate A Nonjudicial Foreclosure Sale –...

In this recent Court of Appeal opinion, an issue of first impression in California was addressed: That is, can a borrower seek to set aside a nonjudicial foreclosure under a deed of trust which initially failed to identify a...more

1/15/2013 - BAC Home Loan Servicing Deed of Trust Foreclosure Mortgages Non-Judicial Foreclosures Trustees

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