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VOLUME 11 | NUMBER 2 | FEBRUARY 2016
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IN THIS ISSUE
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Introductory Remarks |
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Coming Event |
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Recent Cases |
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The Real Property Section Newsletter is published monthly by the Real Property Law Section.
Editor:
Teresa Y. Hillery
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Real Property Executive Committee:
SECTION OFFICERS
Chair
Brant Dveirin
First Vice Chair
Susan J. Booth
Second Vice Chair
Caroline Dreyfus
Treasurer
Claire Hervey Collins
Secretary
Eric Altoon
Barristers Liaison
Kelsey Thayer
Section Administrator
Fatima Jones
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EXECUTIVE COMMITTEE MEMBERS
Nedra E. Austin
Michael J. Bayard
Martha C. Bringas
Elizabeth Spedding Calciano
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, Esq
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
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SUBSECTION CHAIRS
Construction Law
Donna Kirkner
Finance Committee
Owen Gross
General Property
Beth Peterson
Land Use Planning & Environmental Law
Brandon Ward
Title Insurance
Lore A. Hilburg
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We value your feedback. Please let us know how we can better meet your professional needs for education, social networking, and other benefits of membership in our Section.
Sincerely,
Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address: Teresa.Hillery@fnf.com
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-Lis Pendens-
A lis pendens that is not properly served is absolutely void and subject to expungement, absent undue delay in moving to expunge. Evidence that an agent for plaintiff contacted defendants to discuss the lis pendens 78 days before defendants moved to expunge did not establish undue delay that would justify denying expungement.
Rey Sanchez Investments v. Superior Court (PCH Enterprises, Inc.) - filed January 6, 2016, publication ordered Jan. 26, 2016, Fourth District, Div. Two
Cite as 2016 S.O.S. 538
Full text click here
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-Mechanic's Lien--
While strict compliance with the notice provisions of the mechanic's lien law is required, there is no similar requirement of strict compliance with the statutory provisions governing proof that the required notice was properly given. Where it was stipulated that notice was given in the statutorily prescribed manner, no further proof was required.
Hub Construction Specialties, Inc. v. Esperanza Charities, Inc. - filed February 8, 2016, Second District, Div. Eight
Cite as 2016 S.O.S. 787
Full text click here
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-Unconscionable Loan Modification-
Former homeowners pled a cause of action to set aside foreclosure sale by alleging that loan and loan modification documents were in English only, that English was their second language and that they did not understand the transaction details, and that monthly loan payments exceeded their income by more than $1,000. These allegations were sufficient to allege unconscionability, harm, and excuse of tender. Bank defendants' assertion that the foreclosure sale could not be set aside because the property was sold to a bona fide purchaser did not bar plaintiffs' cause of action; statutory presumption of foreclosure sale's validity when the buyer is a BFP applies to irregularities in the sale process, not to a challenge based on the unconscionability of a loan agreement.
Orcilla v. Big Sur, Inc. - filed Feb. 11, 2016, Sixth District
Cite as 2016 S.O.S. 869
Full text click here
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-Unlawful Detainer-
Tenant in rent-controlled unit was subject to eviction for failure to comply with 10-day notice requiring her to stop unauthorized subletting of premises. Purported consent of landlord's predecessor for tenant to make premises available for transient occupancy via Airbnb website was unlawful where inconsistent with zoning regulations.
Chen v. Kraft - filed January 13, 2016
Cite as 2016 S.O.S. 269
Full text click here
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-Wrongful Foreclosure-
A borrower has standing to claim a nonjudicial foreclosure was wrongful because an assignment by which the foreclosing party purportedly took a beneficial interest in the deed of trust was not merely voidable but void, depriving the foreclosing party of any legitimate authority to order a trustee’s sale.
Yvanova v. New Century Mortgage Corporation - filed February 18, 2016
Cite as 2016 S.O.S. 924
Full text click here
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