A quiet title action is brought to establish, or “quiet”, an interest in real estate between adverse parties. One can establish any interest in property or cloud upon title. (CCP §760.010) A common goal is to establish title by adverse
Continue Reading Adverse Possession of Real Property that is Being Foreclosed – It Matters Who is the Possession Adverse To
In California, a third party who acts in reliance on a quiet title judgment retains its property rights even if the judgment is later invalidated as void, as long as the third party qualifies as a bona fide purchaser for
Continue Reading California Quiet Title Judgments- Does it Protect Only Buyers without Actual Notice, or is lack of Constructive Notice Required?
The alter ego doctrine is a procedure that creditors use when their judgment is against a corporation or LLC which is owned by, or controlled by, a sole shareholder. Usually, the corporation has no assets to collect from, and the
Continue Reading Alter Ego Liability – What Not to Do if You are a Member of an LLC
A Quiet Title action is a lawsuit that a person files to establish their title against adverse claims. For example, what if a signature is missing on the deed of trust, and the deed of trust is foreclosed? Was
Continue Reading When a Deed of Trust is Not Signed By All Owners – Is it Valid?
California law provides enhanced damages when someone harms a tree on another person’s property. The tree is owned by the owner of the real estate. There is a provision for doubling the damages incurred for harm caused to timber, trees,
Continue Reading Damages to Trees – When Treble Damages Requires Trespass
The general rule is that a bona fide purchaser of California real estate for value who acquires their interest in the property without knowledge or notice of another’s rights or interest in the property takes the property free of such
Continue Reading Notice of Recorded Lien in California – When the Name is Not The Same, it is not Notice, & the Lien Does Not Apply
Quiet title actions establish claims for and against title to California real property. Quiet title has its own rules regarding t when the statute of limitations begins to run – courts look to the underlying theory of relief to determine
Continue Reading Quiet Title & the Staute of Limitations – When is a Plaintiff in Undisturbed Possession of the Land?
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
Continue Reading California Foreclosure, Junior Liens, and Unencumbered Percentages – How the sale Proceeds are Split between the Parties
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
Continue Reading Partition of Property and Attorney Fees – Parties to this Settlement Agreement Not Entitled to Them Because only the Statutory Right was Replicated in the Agreement
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
Continue Reading A Deed of Trust can be Assigned Apart from the Note, and that often occurs just before a foreclosure. But What Does That Mean? Not Much, the Deed of Trust is Inseparable from the Note
