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Westside Estate Agency, Inc. v. James Randall, et al. — Get It In Writing!

Westside Estate Agency, Inc. v. James Randall, et al. — Get It In Writing!

In legalese, the term “statute of frauds” refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be bound by the contract, with sufficient content to evidence the contract.  One such type of contract that must be in writing pursuant to California Civil Code section 1624(a)(4) is […]

Coordinated International Law Enforcement Action Taken Against Cyber Criminal Network “Avalanche”

Coordinated International Law Enforcement Action Taken Against Cyber Criminal Network “Avalanche”

Cyber crime is a major issue in the real estate industry today.  In particular, the use of “phishing” to misdirect funds in real estate transactions and the subsequent movement of those funds out of the United States through money mules has resulted in millions of dollars in losses.  More often than not the criminals are […]

Dodd-Frank Bureau beaten in Court by PHH Mortgage Company

Dodd-Frank Bureau beaten in Court by PHH Mortgage Company

By Jennifer Felten Created by the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the Consumer Financial Protection Bureau (“CFPB”) is an agency of the United States government responsible for consumer protection in the financial sector. As a relatively young agency, little case law exists regarding the powers and abilities of the agency.  […]

Pokémon 602?

Pokémon 602?

By Jennifer Felten As the parent of a millennial I am forced to admit that I have learned way more about Pokémon GO than I would have otherwise cared to learn.  Not only am I getting a lesson, but so are some land owners who have had the unfortunate circumstances of running into pokémoners (is […]

Airbnb, Inc. v. City of San Francisco

Airbnb, Inc. v. City of San Francisco

By Jennifer Felten  Airbnb, Inc. runs an online platform where people can list properties for short term rentals.  Airbnb, Inc. filed lawsuit in the U.S. District court for the Northern District of California on last month seeking to enjoin the recently enacted amendments to the city’s so called “Airbnb law” claiming the law is a […]

Ownership, Possession and the Unlawful Detainer Process (Eviction)

Ownership, Possession and the Unlawful Detainer Process (Eviction)

By Jennifer Felten The difference between ownership and possession came into sharp focus for a woman in Nashville last month when she bought her first home.  After taking title to the property she was shocked to find that the seller was still in the property refusing to leave. The fact is that most people think […]

Court sides with HOA in case against Short Term Rentals

Court sides with HOA in case against Short Term Rentals

Case of the Month:  Almanor Lakeside Villas Owners Association v. Carson Almanor Lakeside Villa Owners Association (“HOA”) filed a lawsuit in Santa Clara County Superior Court against property owners, James and Kimberly Carson (“Carsons”), after they rented out their properties as short term vacation rentals. The subdivision in question was originally designed with several lots […]

It’s mine! Case decided in court as heirs via for real property

It’s mine!  Case decided in court as heirs via for real property

By Jennifer Felten Carne v. Worthington This case involves a dispute over the ownership of a property owned by Kenneth Liebler before his death. Liebler’s daughter, Melanie Carne, as successor trustee to the Kenneth Liebler Irrevocable Trust dated December 21, 2009 (the “2009 Trust”), filed a petition in probate court to confirm the validity and […]

Defendant sentenced to 14 years for bilking Financial Institutions out of $16 Million

Defendant sentenced to 14 years for bilking Financial Institutions out of $16 Million

By Jennifer Felten United States v. Vera Kuzmenko In this case the United States government brought an action against defendant Vera Kuzmenko, a real estate agent, and others, on account of a massive real estate fraud she orchestrated. The scheme involved the defendant obtaining real estate commissions by submitting grossly fraudulent loan applications to lenders […]

State Law Prohibits Cities from Enforcing Brown Lawn Ordinances: Brown is the New Green

State Law Prohibits Cities from Enforcing Brown Lawn Ordinances: Brown is the New Green

By Jennifer Felten The state of California is a little low on water. In fact, on January 17, 2014, the Governor proclaimed a State of Emergency relative to the water shortage and directed state officials to take all necessary actions to make water immediately available. Despite the water shortage, local ordinances in many areas require […]

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