California Lawyers Association

Real Property eNews

Articles from the monthly enews of the Real Property Law Section

Most importantly, why is this even a question when nearly all deeds of trust in California contain a power of sale clause that allow lenders to foreclose on the deed of trust without having to file a lawsuit? First and foremost, a lawsuit against the borrower may be necessary if the lender wants to seek a deficiency judgment (which cannot be sought after nonjudicial foreclosures). Also, a foreclosing lender may need to file an action against holders of inferior liens to extinguish them such as in the recent case of Robin v. Crowell (2020) 55 Cal.App.5th 727. Read more
As the old saying goes, “you can’t pick your neighbors.” In Southern California where property is a valuable commodity, it is common for adjoining properties to be close in proximity. One issue that is relatively common due to the lack of significant distance between neighbors is the responsibilities of property owners when a tree is located on or near the boundary that separates the properties. Read more
Sierra Club v. County of Fresno (2020) _ Cal.App.5th _ , 2020 WL 6883165: The Court of Appeal affirmed the trial court's order, in a California Environmental Quality Act (CEQA) case, that granted a writ of mandate following the decision of the Court of Appeal in Sierra Club v. County of Fresno (2014) 226 Cal.App.4th 704 that was affirmed in part and reversed in part by the California Supreme Court in Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 (Sierra Club). Read more
You just became a member of the CLA Real Estate Executive Committee, please tell me first about the process of deciding to and actually joining the committee. Read more
So I went in for my annual checkup with the doctor. I am now at the age where my doctor is a little younger than I am. I figure that is a good investment because I will be able to retain him for longer as I get older. We share some of the same enthusiasm for exercise and fitness. He is more of a runner. I enjoy jump rope and boxing for cardio stuff. Read more
So you were recently appointed to the Executive Committee of the Real Property Law Section of the California Lawyers Association. What are you looking forward to the most in this role? Read more
Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’t tell you was that it also essentially eliminated the parent/child exclusion which protected families from high property tax reassessments. This law will go into effect on February 16, 2021. Read more
Please join members of the Editorial Board for a fun and informative orientation and discussion of the nuts and bolts of the editorial process. All are welcome and there will be a lot of opportunities to join the team. Read more
Monty A. McIntyre, Esq. is the publisher of California Case Summaries™ which provides short summaries, organized by legal topic, of every new published civil and family law case helping California lawyers easily keep up with the new case law and fight for their clients. Read more
The Real Property Law Journal (“Journal”) of the Real Property Law Section of the California Lawyers Association is California’s preeminent statewide publication for real estate attorneys. Read more

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