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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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