Generally, when obtaining representation for yourself and your property interests, you must make sure that your interests are indeed being protected and your wishes respected as much as legally possible. The moment it becomes clear that your attorney is not acting accordingly, it may be time to change your lawyer. What You Should Expect You…
Continue reading ›The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.250 outlines the procedure for a plaintiff seeking a partition of real property to record a lis pendens with the county office. A lis pendens gives notice to any future persons who may…
Continue reading ›Generally, every owner of property is liable for injuries on their property when it is not in a reasonably safe condition. (Cody F. v. Falletti (2001) 92 Cal.App.4th 1232.) If a party was a co-owner and jointly in possession of the premises, they would be equally responsible for the condition of the premises and equally…
Continue reading ›If you’re venturing into a real estate transaction and are daunted by the contracts, you’re certainly not alone. The jargon and intricate legal parlance can often make these contracts seem more complex than they actually are. Yet, the good news is that, armed with some guidance and understanding, these contracts become much less intimidating. Our…
Continue reading ›The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.240 allows for personal property to be partitioned with real property. The purpose of Section 872.240 is to give parties an avenue to partition their personal property alongside their real property if they…
Continue reading ›Frequently, when homeowners are dealing with financial difficulties, equity purchasers may induce homeowners to sell their homes for a fraction of the price. An “equity purchaser” is anyone who acquires title to any residence in foreclosure, with some exceptions. (Cal. Civ. Code § 1695.1(a)). The California legislature believed that homeowners were losing their homes to…
Continue reading ›The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.220 requires that the plaintiff state the existence and location of a title report if they have procured one. A title report includes a preliminary report, guarantee, binder, or policy of title insurance.…
Continue reading ›Generally, the seller of a home has disclosures that they are required by law to make to any prospective buyer. This also applies to the realtor, broker, or any other agent working for the seller to sell the home. Different types of sales, however, may have varying disclosure requirements. Generally speaking, trustee’s sales, probate sales,…
Continue reading ›Oftentimes, the government will announce a public project which may affect the neighboring property’s value. Most of the time, the public project should increase the property’s value. Sometimes though, the announced public project may decrease the property’s value, which may make it difficult to rent the property. When that happens, the property owner may be…
Continue reading ›Ejectment is an action brought by a party seeking to recover a possessory interest or claim of title in a piece of real property. Typically, an ejectment action arises when a titleholder to a piece of property has been wrongfully excluded or withheld from the property. Therefore, ejectment applies only to those cases where an…
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