Recent Case Decisions 2011
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Real estate court cases digested in 2011
December 2011
- Four-year limitation applies to claims for breach of duty owed to client
- ARM lender inadequately disclosed negative amortization
- Density restriction on developer’s parcel not an abuse of local agency’s police power
- Non-business owner assignee of goodwill compensation rights cannot recover
- Bankruptcy court recovers investor’s assets held in trust vestings
- Trustee’s incorrect opening bid does not void trustee’s sale
- MERS as trust deed beneficiary may foreclose without recording lender assignments
- Co-owner must deny access to other owners for adverse possession
November 2011
October 2011
September 2011
- Policy limits due on destruction do not include excess coverage for rebuilding
- Security deposit provision barring use to pay early termination fee waived by conduct
August 2011
- HOA’s unrecorded judgment against condo owner is second and junior to later refinancing
- HOA liable for failure to promptly maintain sewer lines in a CID
- Density bonus low-income rent cap includes Section 8 money
- UD move-out settlement avoids local rent control ordinances
- Apartment owner’s opposition to tenant’s child care business is not retaliatory action
- Attorney’s client relationship remains even after representing developer
July 2011
June 2011
May 2011
- Property owner’s reliance makes lender’s oral promise to extend a trustee’s sale enforceable
- Agency need not take property to comply with an agreement to convey it to others
April 2011
- Mall owner may not limit protesters’ access to a business based on their message
- IRS tax lien has priority over later judgment lien to recover excess proceeds from a trustee’s sale
- After expiration of Section 8 contract, landlord must continue accepting vouchers from tenants who remain
- Lender’s email of lot release prices confirmed existence of a partial release agreement
- Occupancy by sole owner of an EP entity does not avoid HESCA
- Trust deed beneficiary of record needs no authority to foreclose
- Parcel’s water allocation for agricultural use proper basis for subdivision’s impact on water usage
- Arbitrator’s awards: no judicial review unless so stated in arbitration clause
- Alternative arbitration provision in lease agreement unenforceable by property owner when third party is involved
March 2011
- Surviving wife owes deceased spouse’s ex-wife support, limited to the value of joint tenancy property
- A developer recovers lost profits when profits are established as predictive, not speculative
- No recovery of lost development profits on a seller’s breach when profits are speculative
- A building permit can be conditioned on the conveyance of a conservation easement
- City’s cancellation of development agreement is not justified by city’s unexpected interference
- Conveyance of title from one spouse to another for refinancing does not transfer ownership of community property
February 2011
- HOA pays for water damage to condo unit caused by sewer pipe
- Religious organization’s rental property not exempt from historic landmark status
- Construction of public improvements within a private development is subject to prevailing wage laws
- Administrative issuance of demolition permit does not require environmental impact report
- Appraiser’s evaluation of a property intended for tax reporting not shielded from IRS interrogation
- Resident manager’s removal of lingerie from tenant’s unit is not sexual harassment
- Rent control ordinance properly imposed by newly incorporated city
- A lender’s oral promise to negotiate a loan modification with a homeowner is enforceable
- A lender’s misrepresentation of a loan agreement’s content allows the property owner to recover
- Easement disputes allow a lis pendens to be recorded describing the property holding the appurtenant right to use the easement
January 2011
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About The Author
ft Editorial Staff
is the writing staff comprised of legal editor Fred Crane, In-House Broker Consultant Fernando Nunez and writer-editors Connor P. Wallmark, Giang Hoang-Burdette, Jeffery Marino, Carrie B. Reyes, Sarah Cantino, Matthew Taylor and Matthew Shade.
