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Borrower filed a quiet title action against the original beneficiary of her deed of trust, but didn't serve that beneficiary properly and did not nam or serve either later assignee of her deed of trust though both assignments had been recorded.  After obtaining judgment and before the original beneficiary obtained an order vacating the quiet title judgment, Tsasu lent the… Read More

Before 2011, one person owned both of two adjoining lots.  Tenants on one of the lots used portions of the adjoining lot for access, parking, and garbage removal, and as a garden.  After 2011, different lenders foreclosed on the two lots, separating their ownership.  Plaintiff bought one of the lots and sued to keep the tenants of the other lot… Read More

Following Lippitt v. Nationstar Mortgage, LLC (C.D.Cal. 2020) 2020 U.S. Dist. Lexis 122881, this decision holds that Civ. Code 2954.8 does not apply to (or require payment of interest on) hazard insurance proceeds that a lender or loan servicer holds pending the borrower/insured's rebulding or repairing the premises that secures his loan.  Section 2954.8 “applies to common escrows maintained to… Read More

This decision affirms a judgment against the plaintiff holder of the first deed of trust on a Nevada dwelling that was foreclosed upon by the homeowners association for nonpayment of association dues.  The decision holds that the CC&R clause that expressly subordinated the association's lien for unpaid dues to the first deed of trust did not render the foreclosure sale… Read More

Assuming the conditions subsequent in a deed to SCST were subject to the Marketable Record Title Act, they remained enforceable by injunction (but not power of termination) as equitable servitudes.  (Civ. Code 885.060(c).)  The trial court erred in employing the forfeiture doctrine to convert one of the conditions subsequent (which required sale of the property to Claremont at a set… Read More

Under Family Code 1102(a), both spouses must sign a deed of trust that encumbers real estate held as community property.  If one spouse does not sign the deed of trust, that spouse can invalidate the deed of trust.  Here, the property was deeded to the spouses as joint tenants, but under Family Code 760 property acquired during marriage is presumed… Read More

As this decision explains, Civil Code 2911 provides that a lien is extinguished when the statute of limitations has run on the principal obligation that the lien secures.  This statute has limited application to deeds of trust.  While the lien of a deed of trust that is enforceable by judicial action (i.e., a judicial foreclosure action under CCP 725a) expires… Read More

Under the rule announced in Muktarian v. Barmby (1965) 63 Cal.2d 558, the statute of limitations does not start to run on a quiet title action so long as the plaintiff remains in possession of the premises, even if plaintiff is aware of conflicting claims against the property, so long as the conflicting claims are not pressed against him.  In … Read More

When a married couple uses community funds to acquire property with joint tenancy title, the property is presumptively held as community property if acquired after January 1, 1975.  (See Fam. Code 760.)  The spouses hold joint tenancy interests in property acquired before 1975 as separate property.  For joint tenancy property acquired between January 1, 1975, and December 31, 1984, the… Read More

Under Nev. Rev. Stat. 116.3116, a homeowner's association is allowed a superpriority lien for certain HOA dues and maintenance expenses.  This decision holds that the statute does not offend the US Constitution's Takings Clause since no governmental entity takes the value of liens subordinated to the HOA's superpriority lien.  It also holds that the statutory notice of foreclosure sent by… Read More

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