James J. Falcone – Law Office of James J. Falcone

300 Capitol Mall, Suite 1800
Sacramento, CA 95814, United States

  • 916/442-4204

In California Slander of Title, Attorney Fees are considered as a pecuniary loss on their own- no other financial loss is required

A California slander of title suit is a claim that someone published a false statement about real estate which harms the properties value or salability. One of the requirements of the claim is that there be a direct pecuniary…more
| Civil Remedies, Real Estate - Commercial, Real Estate - Residential

Assignment of California claim for quiet title also requires assignment of the interest in the property- otherwise, the assignee is not the real party in interest.

A California quiet title action can be brought to establish legal or equitable right, title, estate, lien, or interest in property or cloud upon title against adverse parties. Sacramento and Yolo real estate attorneys…more
| Civil Remedies, Real Estate - Commercial, Real Estate - Residential

California best efforts contract provision only requires reasonable diligence. The promisor is not a fiduciary.

In California contracts sometimes a party is obligated to use "best efforts" to accomplish a goal of the contract. For example, a contract to buy real estate may be subject to a condition to obtain financing. In such a case,…more
| Civil Remedies, Real Estate - Commercial

California doctrine of agreed boundary as defense in Quiet Title action requires an actual agreement be proven

Boundary disputes are common in California real estate, in all cases- residential, commercial, and agricultural properties. Experienced Sacramento and Yolo real estate attorneys often see cases of adverse possession and…more
| Real Estate - Residential, Real Estate - Commercial

When a California home buyer gets both a first & second loan from the same lender, and the lender forecloses on the first- three scenarios for liability for the second deed of trust.

California home buyers often get both a first loan, and a second, usually a home equity line of credit, or “HELOC.” Generally, when a second loan is made by a different party, not as a part of the purchase, when the first…more
| Real Estate - Residential

A Brief Guide To Redemption of California Property After Judicial Foreclosure

Judicial Foreclosures are slowly increasing in California residential loan defaults. Usually, residential lenders do not file judicial foreclosures. Rather, they prefer to hold a trustee's sale to get the property back. This is…more
| Real Estate - Commercial, Real Estate - Residential

California Quiet Title Complaint

A "quiet title" action is a lawsuit used to establish your title against parties with adverse claims. This sample complaint contains the basic requirements established by California Code of Civil Procedure CCP 761.020: Des…more
| Real Estate - Commercial, Real Estate - Residential

A Brief Guide to Quiet Title Actions in California

A "quiet title" action is a lawsuit used to establish your title against parties with adverse claims. This article provides a brief summary of what they are, and how they work…more
| Real Estate - Commercial, Real Estate - Residential

Is your Settlement Agreement Enforceable by the Court? California CCP 664.6 and Pending Litigation.

California law provides a convenient way for parties in a lawsuit who reach a settlement to allow the court to enforce the settlement agreement, even if the settlement will take years to perform. Code of Civil Procedure…more
| Civil Procedure, Civil Remedies

Once a California Default Judgment Has Aged for Over Two Years, It Cannot Be set aside Unless the Proof of Service Is Void On It's Face

A defult judgment can be obtained when a defendant is served with a complaint but does not file an answer with the court. To set aside a default judgment in California, either the judgment must be void on its face, or the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts

Seven Steps To Determine if Your Loan is Non-Recourse - Foreclosure of California Commercial & Investment Properties

California anti-deficiency laws provide in some cases that on foreclosure the buyer/borrower has no personal liability; only the property is at risk. The law primarily protects residential properties; but in some cases buyers…more
| Real Estate - Commercial

ALTA and CLTA; a brief comparison of California Real Estate Title Insurance Policies

Most California real estate sales involve title insurance. There are two standard forms used, CLTA and ALTA, and this article makes a brief comparison of the two for the consumer…more
| Real Estate - Commercial, Real Estate - Residential

A brief summary of the California rule for when extrinsic evidence may be admitted to explain essential terms required by the Statute of Frauds.

The Statute of Frauds (Civil Code §1624) requires, in specified cases, a written memorandum signed by the party who it is being enforced against. Although extrinsic evidence cannot be used to supply an essential term of a…more
| Commercial Law & Contracts

California Equitable Easements. When they apply, and the three step test for establishing one.

California courts have generally provided for equitable easements when the requirements for a prescriptive easement or adverse possession were not present. This article discusses a recent decision the court granted an…more
| Real Estate - Residential, Real Estate - Commercial

California Prescriptive Easements and Adverse Possession -How They Are Created, & When You Cannot Get An Exclusive Easement

California prescriptive easement adverse possession and law has evolved evolution in California since its rural beginnings. Once applied primarily to acreage, farm and forest, it is now commonly addressed in urban areas. The…more
| Real Estate - Commercial, Real Estate - Residential
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