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Public Documents - Real Estate

This article describes a loop-hole that exists in Tennessee residential real estate transactions, specifically how the required disclosure statement can be avoided by the seller of real estate.
Posted by Ronald Nevin on 10.17.16 in Real Estate. (TN)
The Certificate of habitability is an important document you should take into consideration when deciding to buy a property in Italy.
Posted by Giandomenico De Tullio on 6.29.15 in Real Estate. (IT)
Florida contractors have developed a reputation for have suspect business practices such not completing jobs properly, using inferior quality products and overcharging for works or sub contracting work off to less reputable individuals. Here are some tips that may help you in avoding being taken advanctage of by a contractor. Ray Garcia, Esq. Board Certified in Real Estate Law by the Florida Bar www.Floridaconstructionlawgroup.com
Posted by Ray Garcia on 9.18.14 in Real Estate. (FL)
In California, Proposition 13 provides that real property taxes are reassessed only upon a change of ownership. Two brothers held a property as joint tenants. One of the brothers recorded a Grant Deed in which he conveyed the property to he and his bother as tenants-in-common. Held: Even though the two brothers held the same interest in the property before and after the transfer, the transfer severed joint tenancy which qualified as a change of ownership, and triggered property tax reassessment.
Posted by Robin Mashal on 10.1.13 in Real Estate.
County road work in 1956 triggered a gradual land movement which caused some buildings to slide, sometimes outside their property line. The property owners sued the City under Cullen Earthquake Act (Cal. Code Civ. Proc. § 751.50, et seq.). California Court of Appeal held: A disaster is commonly defined as “a sudden calamitous event." Gradual, ongoing earth movements do not qualify as disasters, and hence are not actionable under the Cullen Act. Summary judgment in favor of the City affirmed.
Posted by Robin Mashal on 9.16.13 in Real Estate.
City of Perris initiated an eminent domain action to take a portion of an undeveloped land for street use. For the purpose of appraising fair value of the land taken, the City assumed that City would have required property owners to dedicate a portion of their land in order to obtain City's approval on land development. The property owners challenged the City's assumption. Held: This is a matter for the jury to decide.
Posted by Robin Mashal on 8.13.13 in Real Estate.
Section 580b of the California Code of Civil Procedure prohibits a lender from seeking loan deficiency after a foreclosure sale by a trustee. In this case, the property owner entered a short-sale transaction with a third party, and the lender approved the transaction. Held: lender cannot seek deficiency against the property owner.
Posted by Robin Mashal on 7.23.13 in Real Estate.
Protecting Tenants at Foreclosure Act of 2009 (“PTFA”), Pub. L. No. 111-22, § 701–04, 123 Stat. 1632, 1660–62 (2009), requires purchasers of a foreclosed property to give tenants a minimum of 90 days notice before evicting them. The Ninth Circuit Court of Appeal held: PTFA does not, implicitly or explicitly, evince a congressional intent to create a private right of action.
Posted by Robin Mashal on 7.16.13 in Real Estate.
The loan modification process typically takes six (6) months to nine (9) months depending mostly on your bank and your ability to efficiently work through the process with your attorney. Of course, the loan modification timeline is not set in stone and the more complex your situation or the greater the degree of concessions needed from the investor, the longer the process takes.
Posted by Ray Garcia on 6.5.13 in Real Estate. (FL)
The loan modification process typically takes six (6) months to nine (9) months depending mostly on your bank and your ability to efficiently work through the process with your attorney. Of course, the loan modification timeline is not set in stone and the more complex your situation or the greater the degree of concessions needed from the investor, the longer the process takes.
Posted by Ray Garcia on 6.5.13 in Real Estate. (FL)