Real Property Law
Cal. Real. Prop. Journal 2014, Vol. 32, No. 1
Content
- 2013-2014 Executive Committee of the Real Property Law Section
- 2013 Legislative Highlights
- California Real Property Journal
- MCLE Self-Study Article: Ready or Not, the Revised Uniform Limited Liability Company Act Is Now the Law in California
- Message from the Chair
- Reader Alert: the Gatto Act (Ab 440): the Newest Tool in the Brownfields Toolbox
- Real Property Law Section Subsection Chairs and Standing Committee Chairs 2013-2014
- Table of Contents
- Why Mers Litigation Is Not Working in California
- The Top Ten Real Property Cases of 2013
The Top Ten Real Property Cases of 2013
By Basil ("Bill") S. Shiber
©2014 All Rights Reserved.
I. TOP TEN CASES
It is time again to look back over 2013 and identify those "Top Ten" cases that had the most widespread impact on the practice of real property law in California. While many of the significant cases over the past few years reflected an unhealthy economy, this year’s "Top Ten" picks include several land use cases, CEQA cases, condemnation cases, and other indices of an economic heartbeat. To be sure, there are still plenty of cases dealing with foreclosures, including the status of the electronic registry MERS,1 the seemingly chronic inability of lenders to locate mortgages actually signed by the borrowers, and the inevitable disputes over loan workouts and modification transactions that failed to satisfy one or more of the parties. However, the case law in 2013 may suggest more positive economic trends. Picking a list of the most noteworthy cases of the year is always a subjective exercise, and we may have included cases which do not warrant inclusion, or excluded cases which do. For that, to paraphrase the late David Fry’s impression of the late President Nixon, we "take the responsibility but not the blame."2 Here then, are the Top Ten real estate cases for 2013.