Orange County Real Estate Law

The Second District Court of Appeal has published a new decision that reminds us of how risky it is to litigate with Homeowner Associations.  Paul Lewow sued Surfside III Condominium Association claiming that it failed to perform its duties.  The case went to trial and the Association prevailed at trial.  Shortly after the court entered [...]

New California Laws for 2012: New laws have emerged that may affect REALTORS® and Homeowner Associations.  Below are some of the new laws involving disclosures, licensing, small claims court, landlord-tenant, and Homeowner Associations. Sellers Disclosing Water-Conserving Plumbing Fixtures: C.A.R. successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to [...]

Governor Jerry Brown signed AB 771 today, a bill that prevents home buyers in a common interest development (CID), such as a condominium or townhome, from being charged excess document fees. Homeowner associations (HOAs) are required to provide specific documents to prospective purchasers of homes in a CID — a form of real estate ownership in [...]

The Fourth District Court of Appeal in Santa Ana has published a new case allowing homeowners who obtained “Option ARM” adjustable rate loans, which had negative amortization, to sue the lender for misrepresentations and failures to adequately disclose that negative amortization would occur if the borrowers only made the minimum payments.  In the case of [...]

The appellate court in the Fourth District Court of Appeal (Santa Ana) has just published a new decision concerning statements made at a Homeowner Association Annual Election Meeting, that were alleged to be defamatory.  At the meeting, a candidate running for the Board of Directors accused a former homeowner and board member of stealing money [...]

A federal district court in Chicago has given the green light to clients of JPMorgan Chase Bank to proceed with a consolidated suit alleging that their equity lines were yanked or reduced illegally, costing them billions of dollars in lost borrowing power. Judge Rebecca Pallmeyer rejected the bank’s motion to dismiss the case, clearing the [...]

As another major victory for REALTORS®, the Federal Trade Commission (FTC) announced today that it will generally not enforce the Mortgage Assistance Relief Services (MARS) Rule against real estate brokers and agents engaged in short sales.  Real estate professionals must nevertheless comply with MARS prohibitions against misrepresentations and other laws prohibiting unfair and deceptive acts.  [...]

In a major victory for REALTORS®, Governor Brown signed into law today a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder.  Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders [...]

Bank of America announced this week it will accept back-up offers on short sales and will allow the back-up offer to take over if the first buyer does not complete the transaction, without requiring the process to start again. Under this new guidance, agents will no longer have to initiate a new short sale in [...]

     In the days of easy money, many people purchased homes with little or nothing down. During the golden years of appreciation, many banks were offering “piggy back” loans, which included an 80% Loan to Value Loan representing the First Deed of Trust, and a 20% Loan, secured by a Home Equity Line of Credit [...]

The Appellate Court in Orange County has determined that the arbitration clause in CAR’s Independent Contractor Agreement (Form ICA) is invalid. CAR publishes contracts which are widely used in the Real Estate business in California. They publish an Independent Contractor Agreement, which is commonly used by brokers when employing salespeople. In this case, a salesperson [...]

The appellate court in Orange County recently ruled [CUESTA v. BENHAM, G043788 (Cal.App. 3-29-2011)] that a landlord was entitled to recover its attorney’s fees against a tenant, where the landlord prevailed in an action for rent, but did not recover the full amount he was suing for. “If the results in a case are lopsided [...]

The Court of Appeal in Orange County recently held that Real Estate Brokers have a duty to disclose to buyers that a listing is a short sale if the encumbrances exceed the value of the property.  In HOLMES v. SUMMER, 188 Cal.App.4th 1510 (2010), the broker had a listing on a home which was over-encumbered.  [...]

In DOVER VILLAGE ASSOC. v. JENNISON, 191 Cal.App.4th 123 (2010), the appellate court in Orange County held that the Association was responsible for maintaining a sewer pipe that was two feet under the slab.  Patrick E. Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport Beach condo. The homeowners [...]

The Fourth District Court of Appeal in Orange County has upheld the towing of an inoperable vehicle by a Homeowner Association.  In YAN SUI v. STEPHEN D. PRICE, just published in June, 2011, the court affirmed the dismissal of a lawsuit against an association which towed an inoperable vehicle which was in violation of the [...]

This is your source for information about Real Estate Law in Orange County, California.  The author is a real estate attorney who has more than 25 years of experience.  Issues will include Homeowner Association Law, Foreclosures, Short Sales, Real Estate Contracts, Escrows, and other real estate related issues.

The Court of Appeal in Orange County recently held that Real Estate Brokers have a duty to disclose to buyers that a listing is a short sale if the encumbrances exceed the value of the property.  In HOLMES v. SUMMER, 188 Cal.App.4th 1510 (2010), the broker had a listing on a home which was over-encumbered.  [...]

The appellate court in Orange County recently ruled [CUESTA v. BENHAM, G043788 (Cal.App. 3-29-2011)] that a landlord was entitled to recover its attorney’s fees against a tenant, where the landlord prevailed in an action for rent, but did not recover the full amount he was suing for. “If the results in a case are lopsided [...]

The Appellate Court in Orange County has determined that the arbitration clause in CAR’s Independent Contractor Agreement (Form ICA) is invalid. CAR publishes contracts which are widely used in the Real Estate business in California. They publish an Independent Contractor Agreement, which is commonly used by brokers when employing salespeople. In this case, a salesperson [...]

     In the days of easy money, many people purchased homes with little or nothing down. During the golden years of appreciation, many banks were offering “piggy back” loans, which included an 80% Loan to Value Loan representing the First Deed of Trust, and a 20% Loan, secured by a Home Equity Line of Credit [...]

Bank of America announced this week it will accept back-up offers on short sales and will allow the back-up offer to take over if the first buyer does not complete the transaction, without requiring the process to start again. Under this new guidance, agents will no longer have to initiate a new short sale in [...]

In a major victory for REALTORS®, Governor Brown signed into law today a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder.  Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders [...]

As another major victory for REALTORS®, the Federal Trade Commission (FTC) announced today that it will generally not enforce the Mortgage Assistance Relief Services (MARS) Rule against real estate brokers and agents engaged in short sales.  Real estate professionals must nevertheless comply with MARS prohibitions against misrepresentations and other laws prohibiting unfair and deceptive acts.  [...]

A federal district court in Chicago has given the green light to clients of JPMorgan Chase Bank to proceed with a consolidated suit alleging that their equity lines were yanked or reduced illegally, costing them billions of dollars in lost borrowing power. Judge Rebecca Pallmeyer rejected the bank’s motion to dismiss the case, clearing the [...]

The Fourth District Court of Appeal in Santa Ana has published a new case allowing homeowners who obtained “Option ARM” adjustable rate loans, which had negative amortization, to sue the lender for misrepresentations and failures to adequately disclose that negative amortization would occur if the borrowers only made the minimum payments.  In the case of [...]

Governor Jerry Brown signed AB 771 today, a bill that prevents home buyers in a common interest development (CID), such as a condominium or townhome, from being charged excess document fees. Homeowner associations (HOAs) are required to provide specific documents to prospective purchasers of homes in a CID — a form of real estate ownership in [...]

New California Laws for 2012: New laws have emerged that may affect REALTORS® and Homeowner Associations.  Below are some of the new laws involving disclosures, licensing, small claims court, landlord-tenant, and Homeowner Associations. Sellers Disclosing Water-Conserving Plumbing Fixtures: C.A.R. successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to [...]

The appellate court in Orange County recently ruled [CUESTA v. BENHAM, G043788 (Cal.App. 3-29-2011)] that a landlord was entitled to recover its attorney’s fees against a tenant, where the landlord prevailed in an action for rent, but did not recover the full amount he was suing for. “If the results in a case are lopsided [...]

The Appellate Court in Orange County has determined that the arbitration clause in CAR’s Independent Contractor Agreement (Form ICA) is invalid. CAR publishes contracts which are widely used in the Real Estate business in California. They publish an Independent Contractor Agreement, which is commonly used by brokers when employing salespeople. In this case, a salesperson [...]

A federal district court in Chicago has given the green light to clients of JPMorgan Chase Bank to proceed with a consolidated suit alleging that their equity lines were yanked or reduced illegally, costing them billions of dollars in lost borrowing power. Judge Rebecca Pallmeyer rejected the bank’s motion to dismiss the case, clearing the [...]

The Fourth District Court of Appeal in Santa Ana has published a new case allowing homeowners who obtained “Option ARM” adjustable rate loans, which had negative amortization, to sue the lender for misrepresentations and failures to adequately disclose that negative amortization would occur if the borrowers only made the minimum payments.  In the case of [...]

Governor Jerry Brown signed AB 771 today, a bill that prevents home buyers in a common interest development (CID), such as a condominium or townhome, from being charged excess document fees. Homeowner associations (HOAs) are required to provide specific documents to prospective purchasers of homes in a CID — a form of real estate ownership in [...]

New California Laws for 2012: New laws have emerged that may affect REALTORS® and Homeowner Associations.  Below are some of the new laws involving disclosures, licensing, small claims court, landlord-tenant, and Homeowner Associations. Sellers Disclosing Water-Conserving Plumbing Fixtures: C.A.R. successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to [...]

The Second District Court of Appeal has published a new decision that reminds us of how risky it is to litigate with Homeowner Associations.  Paul Lewow sued Surfside III Condominium Association claiming that it failed to perform its duties.  The case went to trial and the Association prevailed at trial.  Shortly after the court entered [...]

     In the days of easy money, many people purchased homes with little or nothing down. During the golden years of appreciation, many banks were offering “piggy back” loans, which included an 80% Loan to Value Loan representing the First Deed of Trust, and a 20% Loan, secured by a Home Equity Line of Credit [...]

Bank of America announced this week it will accept back-up offers on short sales and will allow the back-up offer to take over if the first buyer does not complete the transaction, without requiring the process to start again. Under this new guidance, agents will no longer have to initiate a new short sale in [...]

In a major victory for REALTORS®, Governor Brown signed into law today a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder.  Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders [...]

As another major victory for REALTORS®, the Federal Trade Commission (FTC) announced today that it will generally not enforce the Mortgage Assistance Relief Services (MARS) Rule against real estate brokers and agents engaged in short sales.  Real estate professionals must nevertheless comply with MARS prohibitions against misrepresentations and other laws prohibiting unfair and deceptive acts.  [...]

A federal district court in Chicago has given the green light to clients of JPMorgan Chase Bank to proceed with a consolidated suit alleging that their equity lines were yanked or reduced illegally, costing them billions of dollars in lost borrowing power. Judge Rebecca Pallmeyer rejected the bank’s motion to dismiss the case, clearing the [...]

The Fourth District Court of Appeal in Santa Ana has published a new case allowing homeowners who obtained “Option ARM” adjustable rate loans, which had negative amortization, to sue the lender for misrepresentations and failures to adequately disclose that negative amortization would occur if the borrowers only made the minimum payments.  In the case of [...]

New California Laws for 2012: New laws have emerged that may affect REALTORS® and Homeowner Associations.  Below are some of the new laws involving disclosures, licensing, small claims court, landlord-tenant, and Homeowner Associations. Sellers Disclosing Water-Conserving Plumbing Fixtures: C.A.R. successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to [...]

The Fourth District Court of Appeal in Orange County has upheld the towing of an inoperable vehicle by a Homeowner Association.  In YAN SUI v. STEPHEN D. PRICE, just published in June, 2011, the court affirmed the dismissal of a lawsuit against an association which towed an inoperable vehicle which was in violation of the [...]

In DOVER VILLAGE ASSOC. v. JENNISON, 191 Cal.App.4th 123 (2010), the appellate court in Orange County held that the Association was responsible for maintaining a sewer pipe that was two feet under the slab.  Patrick E. Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport Beach condo. The homeowners [...]

The appellate court in the Fourth District Court of Appeal (Santa Ana) has just published a new decision concerning statements made at a Homeowner Association Annual Election Meeting, that were alleged to be defamatory.  At the meeting, a candidate running for the Board of Directors accused a former homeowner and board member of stealing money [...]

Governor Jerry Brown signed AB 771 today, a bill that prevents home buyers in a common interest development (CID), such as a condominium or townhome, from being charged excess document fees. Homeowner associations (HOAs) are required to provide specific documents to prospective purchasers of homes in a CID — a form of real estate ownership in [...]

New California Laws for 2012: New laws have emerged that may affect REALTORS® and Homeowner Associations.  Below are some of the new laws involving disclosures, licensing, small claims court, landlord-tenant, and Homeowner Associations. Sellers Disclosing Water-Conserving Plumbing Fixtures: C.A.R. successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to [...]

The Second District Court of Appeal has published a new decision that reminds us of how risky it is to litigate with Homeowner Associations.  Paul Lewow sued Surfside III Condominium Association claiming that it failed to perform its duties.  The case went to trial and the Association prevailed at trial.  Shortly after the court entered [...]

The Court of Appeal in Orange County recently held that Real Estate Brokers have a duty to disclose to buyers that a listing is a short sale if the encumbrances exceed the value of the property.  In HOLMES v. SUMMER, 188 Cal.App.4th 1510 (2010), the broker had a listing on a home which was over-encumbered.  [...]

     In the days of easy money, many people purchased homes with little or nothing down. During the golden years of appreciation, many banks were offering “piggy back” loans, which included an 80% Loan to Value Loan representing the First Deed of Trust, and a 20% Loan, secured by a Home Equity Line of Credit [...]

Bank of America announced this week it will accept back-up offers on short sales and will allow the back-up offer to take over if the first buyer does not complete the transaction, without requiring the process to start again. Under this new guidance, agents will no longer have to initiate a new short sale in [...]

In a major victory for REALTORS®, Governor Brown signed into law today a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder.  Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders [...]

As another major victory for REALTORS®, the Federal Trade Commission (FTC) announced today that it will generally not enforce the Mortgage Assistance Relief Services (MARS) Rule against real estate brokers and agents engaged in short sales.  Real estate professionals must nevertheless comply with MARS prohibitions against misrepresentations and other laws prohibiting unfair and deceptive acts.  [...]

A federal district court in Chicago has given the green light to clients of JPMorgan Chase Bank to proceed with a consolidated suit alleging that their equity lines were yanked or reduced illegally, costing them billions of dollars in lost borrowing power. Judge Rebecca Pallmeyer rejected the bank’s motion to dismiss the case, clearing the [...]

The Fourth District Court of Appeal in Santa Ana has published a new case allowing homeowners who obtained “Option ARM” adjustable rate loans, which had negative amortization, to sue the lender for misrepresentations and failures to adequately disclose that negative amortization would occur if the borrowers only made the minimum payments.  In the case of [...]

New California Laws for 2012: New laws have emerged that may affect REALTORS® and Homeowner Associations.  Below are some of the new laws involving disclosures, licensing, small claims court, landlord-tenant, and Homeowner Associations. Sellers Disclosing Water-Conserving Plumbing Fixtures: C.A.R. successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to [...]

This is your source for information about Real Estate Law in Orange County, California.  The author is a real estate attorney who has more than 25 years of experience.  Issues will include Homeowner Association Law, Foreclosures, Short Sales, Real Estate Contracts, Escrows, and other real estate related issues.