The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more
On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more
In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...more
Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more
In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more
Surplus proceeds resulting from a residential foreclosure sale are rare. By nature, homeowners facing foreclosure are generally underwater on their mortgage, and have not been able (or willing) to achieve a short sale. But...more
“There are no free houses,” began the decision issued by the Court of Appeal on March 23, 2015 in Boyce v. T.D. Service Company (B255958). Examining three years of litigation in bankruptcy court, unlawful detainer court, and...more
In recent years, lenders have been forced to defend a record number of so-called “wrongful foreclosure” lawsuits. However, several Tennessee court rulings issued this year indicate that if lenders act quickly and offensively,...more
In Trapp v. Naiman, the California Court of Appeal for the Fourth Appellate District decided an interesting real property case. The case began as a non-judicial foreclosure and unlawful detainer matter. The case then morphed...more
California enacted a number of pieces of legislation over the last year or so of great importance to insolvency professionals. These include bills impacting mortgage foreclosures, sales of tax-defaulted property, wage...more