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Employee convicted in short-sale scheme after bilking Bank of America for 5.7 million

Employee convicted in short-sale scheme after bilking Bank of America for 5.7 million

By Jennifer Felten A former Bank of America employee has been sentenced to 30 months in federal prison after pleading guilty to taking more than $1.2 million in bribes to approve artificially low-price short sales of properties on which the bank held mortgages. In addition to the prison term, Kevin Lauricella was ordered to pay […]

Changing “husband and wife” to “spouse” in California’s legal code

Changing “husband and wife” to “spouse” in California’s legal code

By Jennifer Felten Senate Bill 1306 Amends California’s Statutory Marriage Rules and Terms The California Constitution and statutory law prior to July, 2014 said that the only valid and recognizable marriages are between a man and a woman. The Constitutional Provision, which was enacted in 2008 by Proposition 8, was subsequently held unenforceable by a […]

When a prescriptive easement is an easement

When a prescriptive easement is an easement

By Jennifer Felten Hoffman v. 162 North Wolfe LLC . This case involves a commercial transaction which occurred in 2010. The Hoffmans were the buyers in the transaction. Shortly after they purchased the property, the neighboring property owner, 162 North Wolfe LLC, claimed a landscape easement and prescriptive easement rights of ingress and egress over […]

Case of the Month–Mechanic’s Lien and the lender’s rights

Case of the Month–Mechanic’s Lien and the lender’s rights

By Jennifer Felten  The case resulted from the total default of a borrower on a real property in Los Angeles County. At the time of the default, the property was subject to a deed of trust and a mechanic’s lien, the mechanic’s lien being in lower priority than the deed of trust. Faced with foreclosure, […]

Landlord failed to disclose prior tenant was suspected serial killer

Landlord failed to disclose prior tenant was suspected serial killer

By Jennifer Felten Landlord’s Failure to Disclose Prior Events at a Property may Give Tenant Grounds to Terminate their Tenancy Disclosure, or the lack thereof, in residential real estate transactions is the source of the vast majority of disputes arising from such transactions. Unlike other areas of the law where the concept of caveat emptor […]

When a yard sale goes wrong

When a yard sale goes wrong

 By Jennifer Felten A woman in Horn Lake, Tennessee, learned an expensive lesson this summer when she put on a yard sale. The city has strict rules about advertising yard sales and she apparently violated them. In particular, the signs did not contain all of the information required for such advertising including the date of […]

Changes to Unclaimed Property Law

Changes to Unclaimed Property Law

 By Jennifer Felten Last year, the California State Assembly passed Bill 212, codified as Code of Civil Procedure sections 1530 and 1513.5, which modified the state’s unclaimed property reporting requirements. The law went into effect on January 1, 2014, but the new reporting requirements become mandatory on July 1. Under the new rules, the threshold […]

Move It

Move It

 By Jennifer Felten A developer in Rhode Island should have taken the old adage, “measure twice, cut once,” more seriously when he built a home in Rhode Island back in 2009. This is because the three-story waterfront house valued at $1,800,000 he built was actually built on his neighbor’s property. Apparently as the result of […]

The limits of property rights–the red, white and blue house

The limits of property rights–the red, white and blue house

By Jennifer Felten This country was founded by people who were angry with the government for infringing on their property rights. As such, the core of the American legal system supports the rights of property owners to unfettered control of their property. These rights, however, must be limited when they come into conflict with the […]

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