foreclosures | Real Estate Litigation

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

Posted on October 27, 2017 by acarucci

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation . . . is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any . . . civil action . . . .” Cal. Evid. Code § 1119(a) (emphasis added). Similarly, section 1119(b) bars discovery or admission in evidence of any “writing . . . prepared for the purpose of, in the course of, or pursuant to, a mediation .… Read More »

Author: acarucci | Leave a comment Tagged commercial real estate, eminent domain, foreclosure, foreclosures, real estate litigation

Avoiding Lender Liability for Credit-Related Actions in California

Posted on October 21, 2016 by acarucci

By: Anthony J. Carucci

Aside from general statutory prohibitions on lender discrimination, there are certain circumstances under California law in which lenders may be held liable for credit-related actions, such as negotiating or denying credit. See generally 11 Cal. Real Est. § 35:3 (explaining that the business of lending money is subject to the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq., the Fair Employment and Housing Act, Cal. Gov. Code § 12900 et seq., the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq.… Read More »

Author: acarucci | Leave a comment Tagged commercial real estate, foreclosure, foreclosures, real estate, real estate litigation, real property

California’s One-Action Rule May Apply to Federal Lenders

Posted on June 3, 2016 by acarucci

By: Anthony J. Carucci

California’s one-action rule provides that “[t]here can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years therein . . . .” Cal. Code Civ. Proc. § 726(a). In other words, the one-action rule prescribes that the only process for recovery of a debt secured by a mortgage or deed of trust is to foreclose on the lien. The rule aims to prevent a multiplicity of actions and vexatious litigation, and to force a beneficiary to look to all of the security as the primary fund for payment of a debt before looking to the trustor’s other assets.… Read More »

Author: acarucci | Leave a comment Tagged anti-deficiency, commercial real estate, deficiency, foreclosure, foreclosures, Guarantor, guaranty, one-action rule, real estate, real estate litigation, real property

Bona Fide Tenancies for a Term Remain Protected

Posted on February 13, 2014 by Julie Maurer

By: Julie E. Maurer

A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states to retain the authority to enact greater protection. The PTFA was enacted by Congress in May 2009 (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203), Title XIV, § 1484, July 21, 2010, 124 Stat. 2204). The PTFA provides protections for bona fide tenants of residential real property at foreclosure until the PTFA is scheduled to sunset at the end of 2014.… Read More »

Author: Julie Maurer | Leave a comment Tagged foreclosures, Nativi v. Deutsche Bank Nat'l Trust Co., Protecting Tenants Against Foreclosure Act, PTFA, tenant

A Compilation and Summary of Real Estate Related Legislation Enacted by the 51st Arizona Legislature

Posted on October 8, 2013 by Adam Lang

On Friday June 14, 2013, at 12:59 a.m., on the 152nd day of the regular legislative session, the 51st Arizona Legislature adjourned sine die, or “without assigning a day for a further meeting or hearing.” Generally, except as otherwise noted in the act itself, legislation in Arizona is not effective until 90 days after the regular session adjourns sine die. Accordingly, on Friday, September 13, 2013, the vast majority of legislation enacted by the Arizona Legislature in the 2013 legislative session went into effect.

Although real estate related bills certainly did not dominate the legislative landscape this past session, they still held their own. … Read More »

Author: Adam Lang | Leave a comment Tagged bills, criminal trespass, deeds of trust, dilapidated, easements, flood control districts, flood protection districts, foreclosures, homeowners' associations, house, joint tenancy, legislators, legislature, mobile homes, mortgage insurance, planned communities, real estate, real estate licenses, real property, recreational vehicles, right-of-way, senate, state board of appraisal, statute

Arizona Residential Landlords in Foreclosure – Expanding the Duty to Notify Tenants

Posted on May 6, 2013 by Ben Reeves

By: Bob Henry

The Arizona Residential Landlord Tenant Act, A.R.S. § 33-1301 et seq., already requires landlords to provide written notice (with specific language) to tenants of a “potential foreclosure” on the property if a “foreclosure action” has been “initiated” at the time the parties enter into the rental agreement. A.R.S. § 33-1331. This obligation was added by the Arizona Legislature in 2010 in reaction to the flurry of foreclosures arising out of the recent real estate crash to protect tenants from entering into leases on properties that were already in significant financial distress and, indeed, in the process of being foreclosed on.… Read More »

Author: Ben Reeves | Leave a comment Tagged A.R.S. § 33-1331, Arizona residential properties, foreclosures, landlord, lease, residential, tenant

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