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Schmidt v. Citibank, N.A.
Loan servicer engaged in statutorily-mandated discussions 'to assess the financial situation,' and 'explore[d] options for the [plaintiffs] to avoid foreclosure' when it provided loss mitigation review, discussed loan modification application and payment options. 		Real Property 4DCA/1 Nov. 8, 2018
Murray v. BEJ Minerals
Under 'Farley v. Booth Brothers Land & Livestock Co.,' fossils that are rare, exceptional and have special value are 'minerals' and belong to the mineral estate rather than the surface estate. 		Real Property 9th Nov. 7, 2018
Bear Creek Master Assn. v. Southern Cal. Investors, Inc.
Under golf course's covenants, conditions, and restrictions, an inchoate 'claim of lien' was created and perfected, but no actual 'lien' could be created until it was recorded. 		Real Property 4DCA/2 Nov. 2, 2018
Turner v. Seterus, Inc.
Under Civil Code Section 2924c, trustor is entitled to make back payments and reinstate the terms of the loan; thus, tender of the full amount of the loan was unnecessary. 		Real Property 3DCA Sep. 25, 2018
Hart v. Clear Recon Corp.
Paragraph 9 in standard form deed of trust is not a provision for attorney's fees; it is, instead, a provision that attorney's fees will be added to the secured debt. 		Real Property 2DCA/8 Sep. 20, 2018
Hacker v. Homeward Residential, Inc.
Trial court abused discretion in denying leave to amend where the appellant introduced sufficient facts as to ownership of the property in question. 		Real Property 2DCA/1 Aug. 20, 2018
Winslett v. 1811 27th Avenue, LLC
Trial court erred in striking tenant's claim via anti-SLAPP motion where her claims did not arise out of protected activity. 		Real Property 1DCA/4 Aug. 17, 2018
Hornish Joint Living Trust v. King County
A district court properly ruled that plaintiffs lacked Article III standing where they lacked property interest in area under quiet title dispute. 		Real Property 9th Aug. 6, 2018
McGreevey v. PHH Mortgage Corp.
Catchall limitations period in 28 U.S.C. Section 1658 applies to time bar delayed filing of servicemember against defendants that foreclosed on his home after he returned from a tour of duty. 		Real Property 9th Jul. 27, 2018
McLear-Gary v. Scott
Property may not be properly adversely possessed where purported possessor does not timely pay taxes on the property. 		Real Property 1DCA/3 Jul. 16, 2018
Modification: Summers v. Superior Court
Judgment reversed where court grants partition without first resolving parties' ownership interests. 		Real Property 1DCA/1 Jun. 28, 2018
Federal Home Loan Mortgage Corp. v. SFR Investments Pool 1
A district court properly denied an investor' motion to dismiss and properly granted summary judgment to Fannie Mae, Freddie Mac and their conservator agency, where a federal rule preempted a state statute that gave HOA liens priority over all other liens. 		Real Property 9th Jun. 26, 2018
Summers v. Superior Court
Judgment reversed where court grants partition without first resolving parties' ownership interests. 		Real Property 1DCA/1 Jun. 5, 2018
Placer Foreclosure, Inc. v. Aflalo
Dismissal of trustee’s complaint in interpleader affirmed where trustee fails to pay trustor surplus proceeds and where trustee does not face valid threat of double vexation. 		Real Property 2DCA/6 Jun. 4, 2018
Multani v. Knight
Summary judgment against holdover tenant who brought quiet enjoyment action against landlord proper. 		Real Property 2DCA/4 May 30, 2018
Hansen v. Sandridge Partners
Easement grant improper where encroacher was negligent as to disputed land issue. 		Real Property 5DCA May 3, 2018
Integrated Lender Services v. County of Los Angeles
Where court does not order property levied to satisfy criminal fraud restitution judgment, party owed restitution does not have interest in surplus funds from subsequent foreclosure sale of property. 		Real Property 2DCA/8 May 1, 2018
MTC Financial, Inc. v. Nationstar Mortgage
A senior lienholder is not entitled to proceeds from a nonjudicial trustee sale of real property when a junior lienholder forecloses on a second deed of trust under Section 2924k 		Real Property 1DCA/3 Jan. 24, 2018
McBride v. Smith
Claim for prescriptive easement survives demurrer where pleading shows use was contrary to language in original recorded easement grant. 		Real Property 1DCA/4 Jan. 8, 2018
The National Grange of the Order etc. v. The California Guild
Declaration that local suspended fraternity must transfer its property to newly chartered local fraternity affirmed where neutral-principles approach to resolving property disputes supports declaration. 		Real Property 3DCA Dec. 4, 2017
Orien v. Lutz
An order of attorney fees in a partition action not governed by civil code section that pertains to contract-based attorney fees award 		Real Property 2DCA/8 Nov. 6, 2017
City of West Hollywood v. Kihagi
Landlord may have violated Ellis Act by renting out property, but permanent injunction imposing 10-year rental moratorium is unenforceable as currently worded, warranting reversal. 		Real Property 2DCA/1 Oct. 30, 2017
Dryden Oaks LLC v. San Diego County Regional Airport Authority
Property owners' takings claim against airport authority and county fails where adoption of land use plan is not sufficiently final to constitute compensable taking. 		Real Property 4DCA/1 Oct. 20, 2017
RSB Vineyards LLC v. Orsi
Sellers not liable for failing to disclose deficiencies in residence converted into wine tasting room where sellers lacked knowledge of alleged deficiencies. 		Real Property 1DCA/3 Oct. 3, 2017
Luz Solar Partners Ltd. v. San Bernardino County
State Board of Equalization’s appraisal guideline directing assessor to include solar and nonsolar components of solar energy unit as part of appraisal unit affirmed. 		Real Property 4DCA/2 Sep. 29, 2017
Modification: Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies. 		Real Property 1DCA/1 Sep. 25, 2017
Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies. 		Real Property 1DCA/1 Aug. 31, 2017
Berezovsky v. Bank of America
Federal Foreclosure Bar preempts Nevada law to prevent homebuyer from purchasing foreclosed property to which Federal Housing Finance Agency had a claim. 		Real Property 9th Aug. 28, 2017
Modification: Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. 		Real Property CASC Aug. 11, 2017
Deutsche Bank National Trust Co. v. Pyle
Subsequent purchaser does not qualify as bona fide purchaser where underlying action did not seek to quiet title and purchaser had record notice of bank’s deed. 		Real Property California Courts of Appeal Jul. 14, 2017
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