Author Archive
Receivership: Available Remedy for Growing Problem of Vacant Foreclosure Properties
Griswold Law has posted articles in the past explaining how the receivership remedy can be an effective tool for city and county municipalities fighting the ever-present problem with vacant foreclosure properties in neighborhoods. DSnews.com published an informative article today that highlights this problem as it continues to infect cities and counties across the nation. When [...]
Health & Safety Receivership: Abating Fire Hazards
As discussed in previous blog articles, health and safety receiverships are implemented for a variety of reasons. The motivating force in all health and safety receiverships is to address substantial health and safety risks effecting property owners, tenants, and the surrounding community. As we continue to enjoy our Southern California summer, fall is approaching and [...]
Commercial Tenants May Be Required to Pay Rent to Bank when Landlord in Default
Section 2938 of the California Civil Code requires commercial tenants to pay their rent to the creditor of their landlord when a landlord defaults on its obligations to its creditor under certain circumstances. The general principle is that if a landlord defaults under an obligation to the creditor, the creditor can compel the tenant to [...]
Receiver Richardson “Red” Griswold Concludes another Orange County Health & Safety Receivership
Richardson “Red” Griswold of Griswold Law was nominated by an Orange County city, and appointed by the Superior Court judge under CA Health & Safety Code section 17980, et seq., to act as a receiver over a single family home that had fallen into serious disrepair with multiple and severe health and safety, building, and [...]
New Short Sale Law in California (SB 458): Secondary Lien-Holders Lose Rights
It is being heavily reported that the new law (SB 458) signed into effect this past week regarding short sale transactions in California will aid the short sale process and provide further protections to sellers. In short, the new law prohibits second lien-holders from going after short sale sellers for the deficiency amount between what [...]
Landlord Tenant Law: Lease Assignments
We recently posted an article about subleases, and how this may be a remedy for renters who need help paying the rent, or need to move out of their rental unit temporarily but plan on coming back. However, if a tenant who has entered into a written lease agreement for a fixed period of time [...]
Tips for Entrepreneurs: Leasing a Commercial Space
While some business endeavors can be conducted completely from home, there are situations in which a business’s success depends on finding the perfect storefront. So what are the differences between renting a residential property and renting a commercial property- and what should you look for? In many ways, you should look out for the same [...]
Los Angeles and United States File Lawsuits Against Deutsche Bank Mortgage Subsidiary
Deutsche Bank is having a rough month. On May 3, 2011, the U.S. government filed a civil lawsuit against banking giant Deutsche Bank, alleging the bank’s mortgage subsidiary lied about the quality of loans insured under a government program. The mortgages were guaranteed by the Federal Housing Administration and are expected to cost the government [...]
Tips for Entrepreneurs: Doing Business Under a Fictitious Business Name
Is your business name “fictitious”? While the term “fictitious business name” may sound fishy, it actually is a legal term defined by the California Business and Professions Code. The terms “fictitious business name” and “DBA” (an acronym for “doing business as…”) are often used interchangeably, but California code uses the term “fictitious business name,” so [...]
Landlord Tenant Law: Subleases
Situations can arise where a renter who has entered into a written lease agreement for a fixed period of time needs to move out (even if only temporarily) before the lease term has ended. Maybe the tenant got a new job suddenly and needs to relocate. Maybe the tenant knows he or she won’t be [...]