Author Archives: annaslegaltopics

Since 2007, maneuvering through the murky waters of government-backed mortgage-finance policies seemed to be nearly impossible for borrowers and real estate professionals alike. Whether you were seeking a short sale from your lender, or you were a borrower forced to … Continue reading →

Sham Guaranty Defense is a distinct way individual guarantors, partners, trustors/trustees, corporate executives and shareholders, can avoid liability when an underlying loan is in default. While this defense may be influential in assisting a select few in certain situations, it … Continue reading →

The medical use of marijuana is a hot topic in California. The regulation of dispensaries has generated numerous land use regulations, and landlord-tenant disputes now before the California Supreme Court. Dispensary regulation creates a mechanism for local government oversight of … Continue reading →

Homeowners who are “upside-down” on their loans and want to avoid foreclosure recently received a tremendous benefit from California Governor Jerry Brown. On July 15, 2011, Senate Bill 458 was signed into law extending the anti-deficiency protections of Senate Bill … Continue reading →

The duty of a listing broker and agent to a buyer has changed in light of the onslaught of short sales. On October 6, 2010, the California Appellate Court in the case of Holmes v. Summer, 4th Appellate Dist., 3rd … Continue reading →

The standard form residential purchase agreement published by the California Association of Realtors (“CAR”), was updated in October 2002. The Purchase Agreement adopted The Federal Arbitration Act (“FAA”) procedural provisions. Until recently, parties have interpreted this provision to mean that … Continue reading →

As declining residential property values are starting to stabilize, mortgage lenders are approving more Short Sales as an alternative to foreclosure.  A homeowner may elect to pursue a Short Sale when the fair market value of the property is less … Continue reading →