Category Archives: Real Estate Law

What is the Appropriate Leasing Term for you?

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Signing a commercial lease is a significant commitment for most businesses.  Whether negotiating or renewing a commercial lease,  it can be difficult to determine the best lease term for your business. Many companies settle for a “standard” 5-year term, which may be appropriate. But there are factors to consider that could make a shorter or longer term more advantageous for your particular business. The information in this discussion may be useful helping you arrive at an appropriate lease term. However, if you’re still not sure, the best approach might be to consult with commercial leasing attorneys to advise you. Continue reading

What to Do Before You Buy Commercial Real Estate in the Bay Area

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Purchasing commercial real estate in the Bay Area can be a solid investment. Whether you are considering buying property in Oakland, Pleasanton, San Leandro, or anywhere in the Bay Area you will likely find a wealth of appealing options available. However, you will need to consider certain details before signing a purchase agreement. The following are some of the steps worth taking prior to buying Bay Area commercial real estate. Continue reading

Estate Planning and Trust Administration Made Easier

Estate Planning and Trust Administration

Have You Reviewed Your Trust Recently?

A common estate planning strategy prior to 2012 was to set up an “A-B” Trust distribution that created a Bypass Trust upon the death of the first spouse. The primary purpose of the Bypass Trust was to maximize a married couple’s total estate tax personal exemption. In 2012, though, the federal estate tax laws were substantially revised and, for most couples, simplified. Continue reading

Commercial Real Estate 1031 Tax-Deferred Exchanges

Commercial Real Estate 1031 Tax-Deferred Exchanges Require Advance Planning and Coordination

 

To derive the maximum possible tax-advantaged benefit from a commercial real estate exchange, and properly comply with IRS Section 1031 Exchange timing and paperwork mandates, add an experienced legal advisor to oversee and coordinate the services provided by commercial real estate agents, CPAs and title companies. Continue reading

Legal Tactic Switcheroo in Landlord-Tenant Dispute Fails Due to Missing “Rent Due” Notification

Timing of 3-Day Notice to Pay Rent or Quit was not preceded by written notice that the lease in question was reinstated and that rent was again due.

In December 2014, the Appellate Court issued an Opinion in the Santa Clara County case of Kruger v. Reyes, 14 C.D.O.S. 14116 (December 17, 2014) that illustrates the importance of adequate notice to the tenant of rent due when a terminated lease has been reinstated, particularly in cases where the tenant pays rent by directly depositing funds into the landlord’s bank account. Continue reading

Insurance Claim for Pre-foreclosure Damage May Be Barred By Full Credit Bid at Foreclosure Sale

Foreclosing lenders in secured transactions who intend to make a claim under an insurance policy for pre-foreclosure damage should be wary of making a full credit bid at the foreclosure sale.  Continue reading

Chavez v. Indymac Mortgage Services

Mortgage Lenders Estopped From Relying On Own Failure To Sign Modification Agreement As Basis For Invalidating Agreement

In the case of Chavez v. Indymac Mortgage Services (C.A. 4th; September 19, 2013; D061997), the Fourth Appellate District held that lenders who failed to execute and return a loan modification agreement to a borrower were equitably estopped from relying on the borrower’s inability to produce an executed loan modification agreement as grounds for the lenders’ demurrer. Continue reading

Equitable Subrogation

Equitable Subrogation: Examining The Intended Lien Priorities Of The Parties

In California, lien priority on real property is governed by the “first in time, first in right” rule set forth in California Civil Code § 2897. Simply put, liens that are recorded first have priority over liens that are subsequently recorded. There exists, however, a long-established doctrine in California known as equitable subrogation that carves out an exception to California’s regular rule of “first in time, first in right” in situations where equity requires a different result. Continue reading

Recent Changes To Anti-Deficiency Statutes

Recent Changes To Anti-Deficiency Statutes

In July 2013, Governor Jerry Brown signed into law Senate Bill 426, which amends and broadens anti-deficiency protections of California Code Of Civil Procedure § 580b and 580d. In its existing form, CCP 580b prohibits a deficiency judgment following any nonjudicial foreclosure under a deed of trust securing either (1) a purchase money loan, (2) the refinancing of a purchase money loan with no advances of principal, or (3) a seller-financed loan. While prohibiting entry of a deficiency judgment, CCP 580b in its current form does not Continue reading