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Introductory Remarks
Coming Event
Recent Cases

The Real Property Section Newsletter is published monthly by the Real Property Law Section.

Teresa Y. Hillery
Vice President and Trial Counsel
Fidelity National Law Group


Real Property Executive Committee:


Brant Dveirin

First Vice Chair
Susan J. Booth

Second Vice Chair
Caroline Dreyfus

Claire Hervey Collins

Eric Altoon 

Barristers Liaison
Kelsey Thayer

Section Administrator
Fatima Jones


Nedra E. Austin
Michael J. Bayard
Martha C. Bringas
Elizabeth Spedding Calciano
Norman Chernin
William G. Coskran
Robert T. Flick
Peter A. Gelles
Daniel L. Goodkin
Marcia Z. Gordon
Owen P. Gross
Byron Hayes, Jr
Marybeth Heydt
Lore A. Hilburg
Teresa Y. Hillery
Laurence L. Hummer
Gordon Hunt
Bryan C. Jackson
Robert D. Jaffe
Donna E. Kirkner
Michael S. Klein
Mark L. Lamken
Trudi J. Lesser
Gregg J. Loubier
Kyle B. Marks
Victor I. Marmon
Jerold L. Miles
O'Malley M. Miller
Donald C. Nanney
Gytis L. Nefas
Beth Peterson
Nadav Ravid
D. Eric Remensperger
James D. Richman
Misty Marie Sanford
Floyd Sayer
Margaret J. Schock
Ronald I. Silverman
Linda E. Spiegel
Sarah V J Spyksma
Theresa C. Tate
Kelsey M. Thayer
Timothy M. Truax
Richard S. Volpert
Ira J. Waldman
Brandon Dominic Ward
Alan Wayte
Pamela L. Westhoff
Norma J. Williams
Grace Winters
Andrew (Andy) J. Yamamoto
Paula Reddish K. Zinnemann


Construction Law
Donna Kirkner
Finance Committee
Owen Gross
General Property
Beth Peterson
Land Use Planning & Environmental Law
Brandon Ward
Title Insurance
Lore A. Hilburg


Introductory Remarks

Last month, Christopher Deal, Esq., of the law firm of Songstad Randall Coffee & Humphrey, gave a terrific seminar on Closing Protection Letters ("CPL") to a packed audience at the LACBA offices. CPL is a subject that gets very little attention, but can have incredible consequences both good and bad for the recipients and issuers of the letters. Recent changes to the letters have attempted to codify the issuer's intent which is to give protections that are not already provided by a title insurance policy and to make it clear that the letters can only be issued in conjunction with the issuance of such a policy. If you represent lenders, you should have been there, but I imagine you can still get a copy of the materials or the seminar through the LACBA. Many thanks to Christopher Deal for an outstanding seminar.

LACBA Real Property Section will have its 2016 Installation & Awards Dinner on Wednesday, June 8, 2016, at 6 p.m. We will enjoy a fabulous evening at the InterContinental Los Angeles located at 2151 Avenue of the Stars, Los Angeles, CA. SAVE THE DATE!
Coming Event
05/17/2016 12:30 PM
This program will examine an insurer's duty to defend, the tripartite relationship formed when an insurer retains counsel to represent its insured, and the duties of retained counsel.
>read more
Recent Cases
-- Assignments –
Homeowner lacked standing to challenge the foreclosure of her home based on an alleged defect in the assignment of the deed of trust (DOT). Homeowner claimed the assignment of the DOT to her home by MERS to Structured Asset Mortgage Investment II Trust 2007-AR7 Mortgage Pass-Through Certificates 2007-AR7 (2007-AR7 trust) was invalid because the assignment occurred after the closing date for the 2007-AR7 trust, and that the signature on the instrument was forged or robo-signed. The assignment of a deed to a securitized trust made after the trust's closing date is not void, but merely voidable by the beneficiary.

Saterbak v. JPMorgan Chase - filed March 16, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 1429
Full text click here > 

Trust language "I transfer to my Trustee the property listed in Schedule A, attached to this agreement," was sufficient to convey to the trust a property listed in the schedule. The trustor was not required to execute a separate deed in order to effectuate such conveyance. The court further concluded that, "because at the time the trust was created, [a prior trust] was a revocable inter vivos trust, and [the trustor] was the sole trustee who owned no interest in the property as an individual, his signature on the later trust was sufficient "to convey good title" to the property from the [prior trust] to the [later trust].

Carne v. Worthington - filed April 13, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 1877
Full text click here > 

-- Independent Appraisers --
Substantial evidence supported a city council's determination that a property appraiser was "independent" even though he was paid by the property owner to do the appraisal. The appraiser testified that the property owner did not direct his work or dictate the outcome of his appraisal, and his fee was not based on the outcome of his appraisal. Absent an express provision to the contrary, a city ordinance requiring an "independent" property appraisal could not be construed as requiring a potentially complex method for selecting an appraiser, rather than simply any qualified "independent" appraiser.

San Diegans for Open Government v. City of San Diego - filed March 2, 2016, publication ordered March 16, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 1373
Full text click here > 



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