A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by foreclosing while his loan modification application was pending. The attorney did not pay his mortgage for eight years. The attorney sued the bank, and the bank’s demurrer was sustained without leave to amend. The Court of Appeal affirmed and stated: “A person who borrows money from a bank to purchase or refinance a home has a reasonable expectation that the bank will fund the loan. The bank has a reasonable expectation that monthly mortgage payments will be made. Here, appellant’s reasonable expectations were met. The bank’s were not. Nonpayment of the mortgage for approximately eight years while the borrower remains in possession is an egregious abuse. Respondent argued, and the trial court agreed, that appellant is ‘gaming the system.’ The game is over.” (Gillies v. JPMorgan Chase Bank, N.A. (Cal. App. 2nd Dist., Div. 6, Jan. 24, 2017) 2017 Cal. App. LEXIS 47.) http://www.courts.ca.gov/opinions/documents/B272427.DOC
A common question is how to count the days referred to in the Real Estate Purchase Agreement and related CAR (Calif. Assoc. of Real Estate) forms. In October 2016 CAR published a concise article on this in their magazine. In essence the CAR attorneys confirmed that every day counts, even holidays, but if the last day is a weekend or holiday, then the next business day would be the last day. That confirms with Code of Civil Procedure §12. More specific examples how to apply this are as follows and are in this great article and summarized below. See also http://www.onlinedigitalpubs.com/publication/?i=341167 Continue Reading Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms
Medical and probably soon recreational marijuana is going to be a hot box for landlords and tenants. Medical marijuana is also NOT a basis nor does it create “civil rights” for residential tenants to smoke in their apartments!! Health and Safety Code §11362.5 (Compassionate Use Act of 1996 “CUA”) allows medical marijuana to be purchased, possessed and used. There are many levels and issues, but here is a sampler. This is one confusing, vague, and evolving area of law and how it impacts employers and landlords. Make sure to check current law both state, national and local (city), as all laws apply. Continue Reading Marijuana Laws and Landlord-Tenant Rights
This is the big new 2016 law. This allows women to ask questions about their own pay and ask others what they make without the threat of discipline. While this is not a “new law”, this law helps lawyers to help their female clients! Also the employer’s record keeping requirements is increased from two to three years. Violation is technically also subject to prosecution and a civil action. Lawyers need to be careful, there is a one year, two year statute of limitations and if will full, three year statute of limitations.
See Labor Code §1197.5