California Real Estate and Business Attorney

A junior lienor is a lender who is not in first place on the property - there is a senior lien in front of them. This often occurs when an owner has paid down the senior and takes out an equity loan, or may be the result of a purchase. If the senior forecloses, the junior can pay the senior lien, or buy the property at foreclosure. [ 943 more words ] https://www.calrealestatelawyersblog.com/california-forecl/

In California real estate Partition actions, Courts are able to award reasonable attorney fees incurred or paid by a party for the common benefit. CCP 874.040. This applies even in contested partition suits. It is all in the court’s discretion - fees incurred by a defendant to a partition action could be for the common benefit, and therefore allocable in part to the plaintiff, despite the fact that the defendant had resisted partition, with the claim that plaintiff had no interest in the subject property, that it belonged to defendant alone, and that plaintiff was a mere volunteer in paying the delinquent taxes. [ 682 more words ] https://www.calrealestatelawyersblog.com/partition-of-prop/

Notes and Deeds of Trust are often assigned to different parties. The question posed is what happens if the Deed of Trust alone is assigned? A typical assignment of the Deed of Trust alone will purport to assign all beneficial interest under that certain Deed of Trust dated xyz.. But the long-established law in California is clear: the beneficial interest under a Deed of Trust is held by the party who holds the Note (or is entitled to enforce it), without regard to [ 878 more words ] https://www.calrealestatelawyersblog.com/a-deed-of-trust-c/

Modifying Commercial leases - Fed Tax Implications https://local.google.com/place

A corporate merger is when two corporations combine to become a single firm. There are several types of mergers, including those where both corporations still exist after the merger. One type is a Triangular Merger. In this, the acquired corporation continues in existence as a wholly-owned subsidiary of the acquirer without transferring any assets. In a triangular merger there usually are two agreements which typically might be called Agreement of Merger and Agreement of Reorganization, respectively. [ 710 more words ] https://www.calrealestatelawyersblog.com/merger-of-califor/

A license in real estate is permission to use real estate based on express or implied permission of the real property owner. It may be written or oral, or implied. Generally, it can be revoked at any time and does not give the licensee an interest in the property. It is personal to the one given the right, and cannot be transferred or inherited. [ 760 more words ] https://www.calrealestatelawyersblog.com/a-license-in-cali/

Parties in real estate lawsuits in California can enter formal settlement agreements, which become enforceable by the court under Code of Civ. Proc. Section 664.6. A judgment may be entered, but the court retains jurisdiction to enforce the agreement without the necessity of filing a new lawsuit. The trial court is under a duty to render a judgment that is in exact conformity with an agreement or stipulation of the parties. [ 1,103 more word ] https://www.calrealestatelawyersblog.com/california-settle/

An easement in California is a right to use someone’s property which right is something less than a full right of ownership. The right of use of an easement is restricted to that in the original grant of easement, and a common problem occurs when the easement user changes, which usually means expands, their use of the easement. The parties have to rely on the description in the grant of easement. [ 576 more words ] https://www.calrealestatelawyersblog.com/the-floating-ease/

Parties often hold title to California real estate as joint tenants. On the death of one, the other succeeds to 100% of the title to the property. Thus joint tenancy is often used as a will substitute. When married couples holding property as joint tenants split up, they usually seek to sever the joint tenancy, so that if a party dies ex-spouse does not get their interest. [ 1,084 more word ] https://www.calrealestatelawyersblog.com/severing-californ/

If a corporation fails to pay its franchise tax, the powers, rights and privileges of the California corporation may be suspended and those of a foreign corporation to do intrastate business in California may be forfeited. (Rev.C. 23301) The corporation cannot sue, defend, or appeal from an adverse decision. Every contract made in California by a corporation when its corporate powers, rights, and privileges are suspended or forfeited are voidable at the option of a party to the contract other than the taxpayer. [ 514 more words ] https://www.calrealestatelawyersblog.com/revival-of-suspen/

A holdover tenant is a tenant who remains on the premises after the end of the term of the lease. In most commercial real estate leases there is a holdover provision, which states that the leasehold continues on a month-to-month basis. The lease usually provides that the month to month occupancy is under the same terms as specified in the lease, though there is a provision for increased monthly rent. [ 585 more words ] https://www.calrealestatelawyersblog.com/a-right-of-first-/

Property Tax Assessment and Tax Basis Transfer - Over Age 55 or Disabled https://www.calrealestatelawyersblog.com/property-tax-asse/

When a landowner grants someone permission to use her land, the owner is granting a license. A license may be created by express permission or by acquiescence. The owner generally retains the right to revoke that license at any time. The landowner may nevertheless be estopped from revoking that licenseand the license will accordingly become an irrevocable license for so long a time as the nature of it calls forif the person using the land has expended money or its equivalent in labor improving the land in the execution of the license. [ 844 more words ] https://www.calrealestatelawyersblog.com/license-to-use-re/

When parties are co-owners of property and cannot agree on what to do with it, one of them often files a lawsuit for Partition. If the property cannot be physically divided between the owners the court may order sale. Upon partition a cotenant that has paid a disproportionate share of the purchase price is entitled to reimbursement of the portion disproportionately paid. [ 731 more words ] https://www.calrealestatelawyersblog.com/partition-and-joi/