Kevin Brodehl

Kevin Brodehl

Wendel, Rosen, Black & Dean LLP

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California Supreme Court Weighs In On “Associate Licensee” Duties In Dual Agencies

Dual agencies — where a broker represents both the buyer and seller in a real estate transaction — raise plenty of thorny questions regarding the duties owed. These questions can become even more difficult when “associate...more

12/1/2016 - CA Supreme Court Dual Agency Disclosure Real Estate Agents Real Estate Brokers

Beware CC&Rs — They Can Bite

In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most difficult concepts to explain is the impact of property use restrictions...more

11/7/2016 - Action to Quiet Title Adverse Possession Appeals CC&Rs Encroachments Homeowners' Association Property Improvements

Sham Guaranties Are (Still) Hard To Come By

In a prior post, Sham Guaranties Are Hard To Come By, we reviewed a decision from the First District Court of Appeal that emphasized how difficult it is for guarantors to win on a “sham guaranty” defense. That defense...more

10/26/2016 - Alter Ego Default Defense Strategies Guarantors Loan Documentation Term Sheets Void and Unenforceable

Exercising a Real Estate Option: the Devil is in the Details

Leases often contain options to renew or extend the lease, and sometimes also an option to purchase the property at the end of the lease term. Under California law, some cases have strictly enforced the procedural...more

9/30/2016 - Commercial Leases Exercise of an Option Lease Term Real Estate Transfers Summary Judgment USPS

Damages for Seller’s Breach of a Real Estate Purchase and Sale Agreement: a Recent Case Example

When a seller breaches a purchase and sale agreement and fails to complete the sale to the buyer, the buyer’s usual remedy is to seek “specific performance” of the agreement — i.e., a court judgment ordering the seller to...more

9/26/2016 - Appeals Breach of Contract Purchase Agreement Real Estate Development Specific Performance Subdivision Map Act

Just Because A Deed Is Void Doesn’t Mean It Can Be Challenged “Any Time”

In a case reviewed last year, Salazar v. Thomas, a California Court of Appeal weighed in on how the statute of limitations applies to quiet title claims. The court held that when an owner seeks to quiet title against a...more

8/31/2016 - Action to Quiet Title Deeds Dismissals Joint Tenancy Statute of Limitations Void Contracts

Yvanova Post-Script: It’s Not So Easy For Borrowers To Challenge Foreclosure Based on Defective Assignment of a Deed of Trust

For anyone who missed it, the California Supreme Court ruled earlier this year that a borrower has standing to allege wrongful foreclosure based on a void (but not merely voidable) assignment of the underlying note and deed...more

8/26/2016 - Assignments CA Supreme Court Deed of Trust Mortgage Lenders Standing Wrongful Foreclosures

The Uniform Commercial Real Estate Receivership Act (Part 2) — Would “Receiver Sales” Conflict with California Law?

In the last post — The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security? — we previewed the “Receiver Sale” provisions of the proposed Uniform Commercial Real...more

8/1/2016 - Auction Deficiency Judgments Foreclosure Receivership Right of Redemption

The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security?

“Uniform” laws seem to be all the rage these days. A group called the Uniform Law Commission (aka National Conference of Commissioners on Uniform State Laws) does the drafting, and the goal is to come up with a...more

7/25/2016 - American Bar Association (ABA) Assignments Cal Code of Civil Procedure Liens Mortgage Lenders Receivership Secured Debt Uniform Law Commission

REITs Get Respect from the Market — a New Sector Home

Beginning in September 2016, publicly traded equity REITs (real estate investment trusts) and other listed real estate companies will get a new home in the S&P 500. They are moving out of the Financials Sector and into a...more

6/29/2016 - Investment Funds Mortgage REITS S&P

Court of Appeal Addresses “Prejudice” Element of Wrongful Foreclosure

If a property owner loses their property through a foreclosure sale initiated by someone who did not validly own the debt, has the property owner automatically suffered enough “prejudice” to pursue a claim for wrongful...more

6/20/2016 - Assignments CA Supreme Court Mortgage Lenders Popular Prejudice Standing Void Contracts Wrongful Foreclosures

The Simplest Way to Defeat Claims Alleging an Invalid Assignment of a Deed of Trust: Judicially Noticeable Documents

Recently, much judicial ink has been deployed writing opinions addressing borrower challenges to foreclosure based on allegations that the deed of trust was not validly assigned to the foreclosing lender. Earlier this...more

5/31/2016 - Assignments CA Supreme Court JPMorgan Chase Judicial Notice Mortgage Lenders Popular Standing Void and Unenforceable Wrongful Foreclosures

Another Case Addressing a Potential Trap for Real Estate Investors: Dedication of Private Property to the Public

In a prior post, Implied Dedication of Private Property to the Public: the Law is Unsettled, we saw that California courts have struggled with the interpretation of Civil Code section 1009, which generally makes it more...more

5/16/2016 - Coastal Real Estate Public Land Public Use Real Estate Investments Summary Judgment

When is a Wrongful Foreclosure Case a “SLAPP”?

California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) arms a defendant with an early method to challenge a lawsuit known as a “SLAPP” — a Strategic Lawsuit Against Public Participation. SLAPPs are...more

4/29/2016 - Anti-SLAPP Cal Code of Civil Procedure Commercial Bankruptcy Fannie Mae Mortgage Lenders Real Estate Investments Trustee Sales Wrongful Foreclosures

Court of Appeal Rules on “Standing to Challenge Foreclosure” Issues Left Unaddressed by Yvanova

A recent post, California Supreme Court: Borrowers Have Standing to Allege Wrongful Foreclosure Based on Void Assignment of Note, summarized the February 2016 opinion in Yvanova v. New Century Mortgage Corporation. In...more

4/18/2016 - Assignments Citibank JPMorgan Chase Mortgage Lenders Standing Wrongful Foreclosures

U.S. Supreme Court: REITS Have Citizenship of their Members

Many entities that get sued with any regularity prefer being defendants in federal court, rather than state court. The reasons for this preference are varied, but essentially boil down to a perceived slight defense tilt in...more

3/31/2016 - Americold Realty Trust v Conagra Foods Diversity Jurisdiction Principal Place of Business REIT SCOTUS

California Supreme Court Dismisses Review of McDonald Case (Addressing Deficiency Recovery in Multi-Borrower Context)

As noted in my prior post, Money and Dirt: Reviewing 2015; Previewing 2016, one of the expected developments for 2016 was the California Supreme Court’s decision on whether to proceed with review of the Fifth District Court...more

3/18/2016 - CA Supreme Court Deficiency Judgments Judicial Foreclosure Process Mortgage Lenders Purchase Money Loans

California Supreme Court: Borrowers Have Standing to Allege Wrongful Foreclosure Based on Void Assignment of Note

For the past few years, California appellate courts have been split on the question of whether a borrower has standing to challenge a foreclosure based on allegations that a purported assignment of the note and deed of trust...more

3/1/2016 - Assignments CA Supreme Court Deutsche Bank Mortgage Lenders Standing Wrongful Foreclosures

“Dual Tracking” Can Be Unfair Competition

Unfair competition claims are often seen as “tag-along” claims without a lot of independent value. A recent California Court of Appeal decision (Fourth District, Division Three in Santa Ana) published January 14, 2016 — Majd...more

2/22/2016 - Bank of America Foreclosure Loan Modifications Mortgage Lenders Trustee Sales Unfair Competition

Senate Judiciary Committee Approves Federal “Defend Trade Secrets Act”

In a prior post, Feds Focus on Trade Secrets, we noted that federal lawmakers had introduced two bills designed to provide a federal civil remedy for trade secret theft....more

2/12/2016 - Defend Trade Secrets Act (DTSA) Pending Legislation Trade Secrets

California Supreme Court Clarifies Anti-Deficiency Protection after Short Sales Involving Purchase Money Loans

The California Supreme Court has published its much anticipated decision clarifying the scope of anti-deficiency protection under Code of Civil Procedure section 580b after short sales involving purchase money loans in Coker...more

2/1/2016 - Anti-Deficiency Provisions CA Supreme Court Declaratory Rulings JPMorgan Chase Purchase Money Loans Short Sales

Rescinding a Foreclosure Sale (or Any Other Real Estate Deal) — Act Quickly, or Lose the Remedy

In a prior post, Respect the Remedy of Rescission in Real Estate Disputes, I highlighted the often under-appreciated remedy of rescission.  With rescission, both parties are restored to their pre-contract positions and issues...more

1/13/2016 - Equitable Relief Foreclosure Investment Funds Mortgage Lenders Rescission

Money and Dirt: Reviewing 2015; Previewing 2016

We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog, and a look forward to issues that will get attention in 2016....more

12/30/2015 - Bank Guarantees Cal Code of Civil Procedure Commercial Leases Condemnation Crowdfunding Dual Tracking Restrictions Forbearance Agreements Foreclosure JOBS Act Mortgage Lenders Rescission

Draft Your Purchase and Sale Agreements Carefully — Integration and Indemnity Clauses are Not Simple “Boilerplate”

Almost all real estate purchase and sale agreements contain provisions relating to integration and indemnity. In the “boilerplate” worldview, these provisions are standard, generic, and basically all the same —...more

12/14/2015 - Boilerplate Language Indemnity Agreements Purchase Agreement Real Estate Market

Co-debtors’ Obligations May be Treated Differently in Bankruptcy

Imagine the following common scenario: A lender makes a commercial loan and the note is signed by two borrower entities, each of whom provides separate real property collateral as security for the loan. The borrowers...more

11/30/2015 - Chapter 11 Commercial Bankruptcy Commercial Loans Debtors Secured Debt

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