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Goffney v. Family Savings and Loan Assoc.
Statute permits a nonjudicial foreclosure sale to be conducted on the seventh day after termination of a court order precluding the sale.
Real Property Aug. 31, 2000
Martinez v. Bank of America National Trust & Savings Assn.
Banks have duty to inspect and remedy defects on property obtained through foreclosure if it has actual knowledge and ability to prevent foreseeable harm.
Real Property Aug. 30, 2000
Martinez v. Bank of America National Trust & Savings Assn.
Banks have duty to inspect and remedy defects on property obtained through foreclosure if it has actual knowledge and ability to prevent foreseeable harm.
Real Property Aug. 30, 2000
Burbank-Glendale-Pasadena Airport Authority v. Hensler
Cities properly delegate their eminent domain powers to airport authority for purpose of obtaining property for airport expansion.
Real Property Aug. 30, 2000
Redwood Empire v. Gombos
Jury must determine whether public recreational use of roadway supports implied dedication that would permit commerical logging activities.
Real Property Aug. 25, 2000
Assilzadeh v. California Federal Bank
Duty to disclose material facts is met when seller informs buyer of construction defect litigation and settlement.
Real Property Aug. 25, 2000
Dolan-King v. Rancho Santa Fe Association
Reasonableness of restrictive covenant is measured by looking at the goals and concerns of the entire development not the individual homeowner.
Real Property Aug. 5, 2000
Plaza Freeway Limited Partnership v. First Mountain Bank
Tenant that signs and delivers estoppel certificate as required under commercial lease agreement is bound to facts contained in it.
Real Property Aug. 4, 2000
Bartold v. Glendale Federal Bank
Bank's reliance on title company to record reconveyance of deed is ineffective to accomplish statutory goal of recording in a timely manner.
Real Property Aug. 4, 2000
Dimock v. Emerald Properties
Once trustee is substituted for by another trustee, foreclosure sale by previous trustee is void.
Real Property Aug. 4, 2000
United States v. Gaechter Outdoor Advertising Inc.
Order
Real Property Aug. 1, 2000
Columbia River People's Utility District v. Jo Portland General Electric Co.
Condemnation by governmental entity is not business or commercial transaction under Sherman Antitrust Act.
Real Property Jul. 24, 2000
Friedemann v. Kirk
Right to redeem tax lien is foreclosed once judgment has been issued against party seeking redemption.
Real Property Jul. 6, 2000
Thaler v. Household Finance Corp.
Second deed of trust has priority over later-filed assessment lien.
Real Property Jun. 30, 2000
Huson v. County of Ventura
Proposition 13 amendment is not retroactive but applies to existing causes of action from date of its enactment.
Real Property Jun. 30, 2000
Shearton Service Corp. v. Johnson
Divorcing spouse's rights to joint-tenancy property subordinate to judgment creditor's perfected lien.
Real Property Jun. 29, 2000
Dynasty Inc. v. Winter Park Associates Inc.
Record owner of surface estate resulting from treasurer's deed entitled to decree of title.
Real Property Jun. 29, 2000
U.S. v. 3814 NW Thurman Street, Portland, Oregon
Where no loss exists, forfeiture of entire equity increase violates excessive fines clause in federal civil forfeiture action.
Real Property Jun. 22, 2000
Circle K Ranch Corp. v. Board of Supervisors County of Santa Barbara
Subdivision map recorded before enactment of state's subdivision laws does not constitute legally recognizable subdivision lot.
Real Property Jun. 22, 2000
U.S. v. 129.97 Acres of Land
Order
Real Property Jun. 21, 2000
Camp v. U.S. Bureau of Land Management
Notice of land transfer, published in Federal Register by Bureau of Land Management, doesn't trigger limitations period because actual notice is required.
Real Property Jun. 15, 2000
Government of Guam v. United States
Guam isn't entitled to ownership or right to control public lands under either federal law or claim of aboriginal title.
Real Property Jun. 14, 2000
Government of Guam v. United States
Guam isn't entitled to ownership or right to control public lands under either federal law or claim of aboriginal titles.
Real Property Jun. 12, 2000
U.S. v. Shumway
Summary judgment is not proper where there is genuine dispute over ownership rights of mill site area and amount of government bond increase.
Real Property Jun. 9, 2000
Crown Bank v. Crowder Mortgage Corp.
Lender cannot place conditions on release of deed of trust other than satisfaction of indebtedness.
Real Property Jun. 7, 2000
Elrick v. Merrill
Person in possession of property while foreclosure pending prohibited from committing waste.
Real Property Jun. 7, 2000
First National Bank of Telluride v. Fleisher
Lack of notice of statutory default proceeding is not jurisdictional defect that renders default judgment void.
Real Property Jun. 7, 2000
E-470 Public Highway Authority v. The 455 Co.
Highway Expansion Fee is not adequate basis for precluding all evidence of special benefits at condemnation proceedings.
Real Property Jun. 7, 2000
Town of Telluride v. Lot Thirty-Four Venture
Because rent control is issue of mixed concern, state prohibition supersedes local ordinance.
Real Property Jun. 7, 2000
Griffith v. County of Santa Cruz
County rent control ordinance applies to recreational vehicle site where individuals have resided continuously for nine months or more.
Real Property Jun. 1, 2000