Real Estate & Business Attorneys
Yvanova v. New Century Mortgage (2016) 62 Cal.4th 919 Now a borrower can survive demurrer or summary judgment if he shows the assignment is void. has standing to challenged allegedly improper securitization of mortgage loan The Court now found that a break in the...
Wong v Stoler, 237 Cal.App.4th 1375 The trial courts if find rescission for nondisclosure by a seller must unwind the transaction even if difficult and complex. E.g, Judges cannot be lazy! Buyer of a home sued seller for not disclosing the fact that their sewer...
Typical of 2006 predatory lending practices, the mortgage payments exceeded owners’ monthly income by more than $1000. This was found to be sufficient to plead substantive unconscionability as grounds to set aside nonjudicial foreclosure sale in Orcilla v. Big Sur,...
Taylor v. Nu Digital Marketing, 245 Cal.App.4th 283 The court found monthly payments to be “rent” and upon default in payment of these “interim payments”, before the purchase price is paid, re-characterized the installment sales agreement as lease and seller can bring...
Ram’s Gate Winery v. Roche, 235 Cal.App.4th 1071 Purchasers of the land for use by a winery http://www.ramsgatewinery.com/ sued the seller for not disclosing an earthquake fault on their property four years before closing escrow. Buyers sued in tort for nondisclosure...
Spring Breakers may have to look elsewhere for an Airbnb rental. In Harrison v. City of Rancho Mirage, 243 Cal. App. 4th 162 (2015) The City of Rancho Mirage passed an ordinance regulating rental of private homes for short-term vacation rentals. Among other things,...