Real Property Law

Cal. Real. Prop. Journal 2015, Vol. 33, No. 2

Table of Contents

No More Kids! How Overcrowded Schools May Lead to Violations of Fair Housing Laws…………………………………………..3
By Barbara Kautz
The States refusal to support additional bonds for school construction has led to increasing public concern over overcrowded schools and to demands that local governments adopt land use requirements designed to keep school-age children out of the community. This article describes how development standards that exclude children violate fair housing laws.

The "Widows & Orphans" Problem: The Improper Exclusion of Successors-in-Interest from the Loss Mitigation Process………………8
By Brittany McCormick
The "widows and orphans" issue is becoming increasingly problematic for homeowners who either inherit property or receive it as part of a divorce settlement. Problems arise when mortgage servicers refuse to work with these titled homeowners on loan modifications or other foreclosure alternatives because they are not the "borrowers" on the note. This article traces the history of mortgage assumptions and acceleration clauses and reviews industry guidance governing how servicers should treat successors-in-interest.

Reconsidering Wrongful Eviction After Anti-SLAPP…………………17
By Kavita Sharma
This article discusses the tension courts face in deciding whether wrongful eviction claims should be subject to a special motion to strike (California Code of Civil Procedure section 425.16-—the anti-SLAPP statute) when there has been an unlawful detainer action filed or a termination notice served. This article provides practical tips for attorneys representing tenants in alleging wrongful eviction claims to avoid a special motion to strike.

MCLE Self-Study Article: Co-Tenancy Breaches and Remedies: Drafting Guidance For Landlords and Tenants After Grand Prospect Partners.…….25
By Courtney K. Krause and Danielle S. Gensch
A review of the court’s decision in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc., concerning the enforceability of co-tenancy provisions in retail leases, along with practical suggestions on drafting co-tenancy triggers, cure rights, and remedies.

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