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California Approves Use of Transfer Upon Death Deed

California Approves Use of Transfer Upon Death Deed

In California, where property values are high, the cost to probate an estate for the transfer of a home is costly. As such, savvy homeowners take action to avoid such costs via trusts or via property ownership which includes a right of survivorship. Thanks to the Assembly Bill 139, which becomes effective on January 1, […]

In Chicago Weeds Not Protected As Free Speech

In Chicago Weeds Not Protected As Free Speech

By Jennifer Felten Many cities have ordinances that require property owners to control the weeds on their property or face fines. Proponents of these types of regulations argue that they are needed for: the prevention of serious fire hazards, the removal of obstructions that interfere with streets and sidewalks, the prevention of noxious weed infestation, […]

Adams Canyon Santa Paula Property Sold at Auction

Adams Canyon Santa Paula Property Sold at Auction

By Sheryl Hamlin By order of the Court Appointed Receiver, Case # DC-13-12415, in the District Court of Dallas County, Texas, 14th Judicial District, 4,658.64 acres at 3035 Adams Canyon Road, Santa Paula, Ventura, County, auctioneer Hudson & Marshall held a live auction on October 29, 2015 in Oxnard, where about 35 people were present. […]

Developer temporarily off the hook for alleged faulty construction

Developer temporarily off the hook for alleged faulty construction

By Jennifer Felten McMillin Albany LLC et al., v. The Superior Court of Kern County The case results for a lawsuit filed by the owners of 37 homes constructed by a developer,  alleging eight causes of action, including strict products liability, negligence, and breach of express and implied warranty. They alleged the homes were in […]

Good Fences = Good Neighbors: Encroachment = Lawsuit

Good Fences = Good Neighbors:  Encroachment = Lawsuit

Balancing the Hardships: Equitable Easements Shoen v. Zacarias By: Jeffrey Leung, Esq. and Jean Wilcox, Esq. The proverb “good fences make good neighbors” has been traced through history and appears in many cultures and languages. One version or another can be found in German, Norwegian, Russian, Japanese and Hindi literature. Even Benjamin Franklin had his […]

California Passes Bill to Clarify New Paid Sick Leave Rules

California Passes Bill to Clarify New Paid Sick Leave Rules

By Jennifer Felten Last year, California passed the Healthy Workplaces, Healthy Families Act of 2014. It went into effect on July 1, 2015, and has now been quickly amended as issues with implementation have arisen. The revisions were passed on July 13th as AB 304 with the intent of clarifying the law for employers and […]

Jury dings escrow company 1.9 million for San Luis Obispo real estate Ponzi scheme

Jury dings escrow company 1.9 million for San Luis Obispo real estate Ponzi scheme

By Jennifer Felten Liddell v. Cuesta Title Company In 2012, Kelly Gearhart, a real estate developer, pled guilty to 2 counts of wire fraud and 1 count of money laundering, related to a Ponzi scheme in which he defrauded investors of more than $14 million. He was sentenced to 14 years in prison. Gearhart filed […]

Real Estate: Wongs finally get it ‘right’ in court battle

Real Estate: Wongs finally get it ‘right’ in court battle

By Jennifer Felten Wayson and Susanna Wong (“Buyers”) bought a hillside home in San Carlos for $2.35 million from Ira and Toby Stoler (“Sellers”) in May of 2008. Before the close of escrow, the Sellers provided the Buyers with a transfer disclosure statement completed in 2002 by the prior owners, an updated 2008 transfer disclosure […]

New Water Heater Standards to Impact Homeowners

New Water Heater Standards to Impact Homeowners

By Jennifer Felten . In 1987, Congress enacted the National Appliance Energy Conservation Act (“NAECA”), which regulates energy consumption of specific household appliances. NAECA creates uniform efficiency standards for certain household appliances, including refrigerators, dishwashers, clothes washers, clothes dryers and water heaters. In 2010, the U.S. Department of Energy, pursuant to NAECA, issued a Final […]

How Small is Too Small?

How Small is Too Small?

By Jennifer Felten A family in Chesterfield, remedy Virginia has been evicted from their home, health in part because it is too small. Homes of this type, cure known as “tiny homes,” are characterized by the size of less than 400 square feet and the fact that they are often on wheels. They have come […]

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