Real Estate Transaction
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 [...]
Complex Real Estate Market Leads to Increase in Legal Disputes
Legal disputes stemming from residential real estate transactions are on the rise, largely due to the increase in short sales and foreclosures. In regards to short sales, some sellers are taking legal action against their own real estate agents, alleging that they misrepresented or failed to disclose the possible loan deficiency amount owed to a [...]
Interpleader Actions: Potential for Resolving Real Estate Escrow Disputes
An interpleader action aims to determine the party who is entitled to receive money or property when a neutral third party is holding funds or property and is confronted with two or more claimants to the same money or property. The interpleader action allows for the neutral third party, or “stakeholder,” to avoid liability to [...]
Unlawful Detainers: 3 Day Notice, 30 Day Notice or 60 Day Notice?
As discussed in my recent blog article about the San Diego eviction process, the first step in evicting a tenant is issuing the appropriate notice. The most common notices are the 3 Day Notice, the 30 Day Notice and the 60 Day Notice. 3 DAY NOTICES The 3 Day Notice will require the tenant to [...]
San Diego Unlawful Detainer/Eviction Process and the Roles of Landlords and Tenants
Eventually, any owner or manager of a property will come to the point where they need to remove a tenant from their rental property. In this article, I will outline the steps necessary to actually, and legally, re-establish possession of the property. 1. Service of Notice- This first step is not technically the “start of [...]
Receivership Remedy Discussed at 2010 National Vacant Properties Campaign Conference
The National Vacant Properties Campaign held its annual conference in Cleveland, Ohio last week. There to explain the positive impact that receiverships can have on vacant/abandoned properties in cities across the nation was Mark Adams of the California Receivership Group. Mr. Adams is a friend and mentor of mine. As abandoned and dilapidated properties litter [...]
Fix It or Lose It! Receivership Remedy for Dilapidated Properties is Needed Now More Than Ever
As foreclosures continue flowing and banks lose additional control of their REO portfolios, more and more vacant properties in substandard condition will turn up in neighborhoods within San Diego County and the nation at large. Cities within San Diego County have taken promising steps over the years to beef up code enforcement strategies and neighborhood [...]
Wrongful Foreclosure Action: Homeowners Armed with Powerful Remedy Against Sloppy Lenders
My intention in writing this post is not to stoke up another debate over the current real estate debacle in California. I do not intend to spark once again the philosophical wrangling between homeowners and their lenders. I am a lawyer, not a radio talk-show host (yes, there is a difference). I take this opportunity [...]
Amendment to Promissory Note and Deed of Trust: Extending Maturity Date
Griswold Law recently posted an article on the basics of a Promissory Note. In this current article, the practical issue of amending an existing promissory note (or a likely expired promissory note) is discussed. One common situation is the note “expires,” or in other words has reached its date of maturity. At that point, the [...]
CA Real Estate Transaction Basics: What is a Promissory Note?
The real estate industry is one of those industries that is obsessed with lingo, acronyms, and abbreviations. Keeping up with all of the latest real estate terms thrown around by brokers (commercial brokers especially) is not easy. However, there are certain legal real estate terms that are part of the long-standing industry vocabulary. My goal [...]