Real Property eNews

Join us for a two-part series with Certified Yoga Therapist Susana Jones. Read more

The California Lawyers Association Real Property Section Executive Committee is sad to announce the passing of our beloved friend and colleague Bob McCormick. Read more

Stancil v. Super. Ct. (2021) _ Cal.5th _ , 2021 WL 1727612: The California Supreme Court affirmed the Court of Appeal ruling denying defendant writ relief from the trial court's order denying defendant's motion to quash service of summons under Code of Civil Procedure section 418.10 in an unlawful detainer case. Read more

A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. (Civ. Pro. C. § 405.2 et seq.) The recording of this notice is privileged if properly recorded. However, no privilege exists if the notice is improper such as when the action does not affect title or possession of real property or because the action is filed in the wrong court. Read more

As the Chair of the California Lawyers Association Real Property Law Section (RPLS), I want to first thank our amazing volunteers and CLA staff who help RPLS provide relevant and timely educational content, Real Property Journal articles, and monthly articles in the eNews. I encourage you to get involved with RPLS. Read more

ESA Management, LLC v. Jacob (2021) _ Cal.App.5th Supp. _ , 2021 WL 1723516: The Appellate Department of the San Diego Superior Court reversed the trial court's unlawful detainer judgment for plaintiff. Read more

“What does your Daddy do for a living little boy?” “He’s a liar.” “Don’t you mean ‘lawyer’?” “Mmmmm, I guess so.” Read more

The recent California Governor executive order and the continued practice of brokers, requires a refresher on the brokers’ duties of inspection, so that brokers understand what they may or may not do. One of those duties is the broker’s duty of physical inspection, which is required before completing the Transfer Disclosure Statement (TDS) and the Agent Visual Inspection Disclosure (AVID). Read more

he Court of Appeal of California, Second Appellate District, Division Two, recently upheld a trial court’s finding that a later purchaser or encumbrancer for value seeking protection under the Quiet Title Act from the invalidation of an earlier quiet title judgment may only do so if it lacked constructive knowledge of some “defects or irregularities in [the earlier quiet title] judgment or proceedings” at the time it obtained its interest in the property. Read more

Often property owners believe that old mortgages, deeds of trust or other instruments creating a security interest in real property to secure a debt simply go away on their own with time. While this is partially true, an “ignore it and it will go away” mentality is not always the best policy. Read more