Creditor creates a judgment liens on real property by registering an abstract of a money judgment with the county registrar. It can apply to real or personal property, including jewels, art, antiques, and other valuables.
California law regulates the lien judgment. A title search revealing a judgment lien means the judgment creditor has registered a Judgment Abstract in the debtor's district.
To get the debtor's judgment on California property, a creditor must mail or take the Abstract of Judgment to the county registrar's office in any California county where the debtor currently owns property or plans to own property in the future. An abstract of judgment is a written summary of a judgment, showing the amount the losing party pays to the winner, the interest rate, court costs, and any special orders to follow. If the lien will attach to personal property, the creditor must file the Abstract of Judgment notice with the California Secretary of State. The lender may also notify the debtor of an examination.
A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. You cannot renew the lien for 5 years after renewing it. Make sure to renew the lien in California every 10 years before the estate decision ends. A creditor must remember that several variables affect the ability to collect under a judgment lien. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.
If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract. KAASS LAW helps you create, renew, and satisfy judgment liens in California.
Judgment liens in California place restrictions on foreclosures. However, they do not always guarantee collection of the debt. For example, if a mortgage already encumbers the property, a judgment lien holds lower priority. It cannot be discharged until senior creditors are satisfied. In addition, if the debtor files for bankruptcy, the court may stay the lien. Or cancel it as part of a debt relief proceeding. If the property is owned by more than one person, the judgment lien may only attach to the debtor's interest. This limits your ability to collect. Especially if the other owners oppose a foreclosure sale.
The presence of a judgment lien significantly reduces the likelihood of a successful sale of a property. Buyers typically avoid purchasing a foreclosed property because of the legal risks involved. When a sale is completed, the lien must:
If the debtor decides to sell the property, the proceeds of the sale must be used to pay off the judgment lien. The provisions of the California Code of Civil Procedure govern this.
The debtor can remove a judgment lien only after fully paying the amount specified in the writ of execution or obtaining a court order. After receiving the full amount owed, the creditor must file an acknowledgment of satisfaction of the judgment. Without this record, even if the debt is actually paid, the lien will remain in the system. And while it is in the system, it will restrict the disposition of the property. If the creditor fails to file a notice of discharge, the debtor has the right to go to court. With a motion to compulsorily remove the lien.
If you are a creditor seeking to:
Or a debtor who wants to get rid of a wrongful or overdue encumbrance, the specialists at KAASS LAW are ready to help. We provide qualified legal assistance at every stage of the process. Call us at (310) 943-1171 or visit our Glendale office for a free consultation and evaluation of your situation.
No matter where you live, you must understand what constitutes a valid real estate contract if you ever purchase or sell property again. A real estate contract may be implicit, written, or verbal. However, practically all real estate transactions must be in writing under real estate law. The only exceptions are commission sharing agreements, which may be oral. There are numerous circumstances that emerge in real estate law that don't occur as frequently in other circumstances.
Real estate contract litigation not only includes general contract law, but also specific rules of law and common law. The contract is subject to the same principles of law that govern contracts generally, irrespective of whether the contract is a purchase and sale deal, a land purchase contract, an option to buy, a lease or any other form of arrangement. Therefore, in any conflict surrounding a real estate transaction, the general law of contracts should be considered, and could have a definitive effect on the parties’ rights and obligations. For instance, contract structure and enforceability requirements, contract enforcement rules, and other general issues are relevant in real estate litigation .
If you have a "cloud" on your property title, the property has an outstanding lien or unresolved issue that could lead to its confiscation for payment. Common types of clouds on titles include:
Many of these issues can go unnoticed for years, only coming up during a title search. Given that title searches typically only take place during the buying and selling process, clouds on titles often cause complications for property owners and prospective buyers.
Generally, yes. People looking to buy are generally weary of purchasing a property with a cloud on the title, given that this can invalidate the owner’s right of ownership over the property. Laws may prevent you from selling the home until the title issue is resolved, depending on the type of cloud.
Luckily, property owners can often resolve many types of title clouds through a "quiet title action." This is basically when a property owner presents the title to a court, who decide who must resolve the title. The information one would submit includes:
An accessory dwelling unit (ADU) adds living space to a property that:
You can build these units from scratch, but people more commonly convert them from something else, such as a detached garage or a large shed.
Junior ADUs are classified separately from ADUs, as they are not required to have their own bathroom/sanitation facilities, and they also must be less than 500 square feet.
If you own a house, then you can build an ADU on your property if you so choose. Recent legislation prevents your HOA or municipal government from blocking you from building an ADU to increase housing availability. Keep in mind that this only applies to owners of houses, and HOAs can still regulate the construction of ADUs in condominium complexes.
While California homeowners can freely build ADUs, most municipalities subject these dwellings to regulation and have a rigid permit process in order to construct one. To get a permit, submit an application to your local government. It typically requires a site plan and safety precautions.
Residential property sellers in California must give disclosures under Section 1102 of the California Civil Code. In writing, they describe the property they've listed for sale. Nearly every residential property in California is subject to these mandatory disclosures. Included are standalone residences, high-rise apartment units, and manufactured or mobile homes, among others.
The reason why these disclosures are so important is because potential buyers need to know as much as possible about the property in order to evaluate whether they really want to buy it and if so. This involves determining what a reasonable purchasing price is and whether or not the house need any repairs or upgrades. The disclosure obligations also remind California home sellers that they have a legal responsibility to be open about a property’s condition and can be sued for hiding problems or defects.
In California, a seller needs to provide these disclosures to a prospective buyer as soon as possible before transfer of title. Although this language is a bit vague, the intent is to get the disclosure to the buyer in a timely fashion. Thus, as a practical matter, this usually happens early in the purchase process. Some sellers, for example, will prepare all disclosures, inspections, and other paperwork before marketing their home. So that serious proposals can be received, everything is in place. A copy of the disclosures may be made by other sellers. If the disclosures reveal any unexpected information regarding the property, the buyer has the opportunity to back out or renegotiate. If a seller fails to make required disclosures to prospective purchasers before the two of them sign the purchase agreement. The buyer can then choose to end the contract. As a result, it's critical for a seller to give these disclosures as quickly as possible to serious potential buyers. So that the chances of a buyer canceling an offer later owing to information in the disclosure are reduced.
The Fair Housing Act (FHA) makes it illegal for various real estate and lending institutions to take part in discriminatory practices against certain groups of people. Entities and occupations subject to FHA regulation include:
All of these institutions are banned from discriminating on the basis of several characteristics. They are:
Put simply, the FHA aims to ensure that institutions in the real estate industry treat people equally and do not discriminate based on the previously mentioned characteristics. Moreover, in all aspects of real estate—such as buying and selling homes, lending home loans, renting properties, and advertising real estate services—the FHA explicitly outlaws discriminatory practices. The FHA explicitly prohibits all covered institutions from discriminating based on race, sex, religion, disability, or familial status. Specifically, this applies when:
Buying a home in California is one of the biggest and most important decisions of your life. To avoid complications, it is important to prepare in advance. You can rest assured that knowing your rights, paying attention to details, and getting professional help will help you do it right—especially when it comes to your home in California.
Under California Civil Code §§ 1102.3 and 1102.6, the seller or agent is required to provide a Real Estate Transfer Disclosure Statement. This is a document that lists a number of known problems or potential defects in the property. It includes:
1. physical damage to the building
2. presence of mold, leaks or cracks
3. history of flooding or fire
4. legal restrictions
Important: If the seller withholds material information, it may be grounds for terminating the transaction or filing a lawsuit.
According to Pagano v. Krohn (1997). Krohn (1997), a seller has a duty to disclose facts, but not a duty to explain them. That is, if the report states that "the roof leaked in 2019," the seller is not required to explain whether the problem has been fixed.
If you're a homeowner struggling with debt, you might come across something called a "home equity sales contract." While it may sound like a quick fix to get some cash, it’s important to understand exactly how it works. The real estate market is speculating to recover, and property prices are continuing to rise. But for many borrowers, rising prices do not mean an increase in their ability to make loans payable. Though many may decide to sell their houses and move on, others may not do anything until they face foreclosure. The California legislature has been worried that those homeowners whose residences are in hang-out are at risk of fraud, deception and unfair dealing by buyers seeking to get control of the equity for little or no compensation. To hopefully avoid this, the Legislature passed the Home Equity Sales Contract Act (California Civil Code Section 1695). This has since been a source to resolve a considerable amount of confusion and litigation.
So, California law also generally requires special sales transaction management in order to protect homeowners in foreclosure. In addition, the Home Equity Sales Contract Act refers to transactions that satisfy all four conditions:
Crucial for the creation of a contract which, if not present, would affect its enforceability:
In every real estate sale contract there is an implicit promise that the seller is marketable or merchandising. Where the term "grant" is used to convey a fee-simple property and no contradictory terms appear in the instrument, the seller of real property implies that:
A warranty in a real estate purchase and contract is a seller’s express on some intangible element of the land. A warranty helps to force the seller to reveal material facts about the property and to give the buyer clear guarantees about the property’s condition. Warranties can consist of affirmative representations not otherwise needed of a seller. The duty of a seller to obtain a warranty is absolute. Responsibility is placed on violation irrespective of whether the seller knew or ought to know that the claim was false.
Residential real estate sellers have a duty to disclose any information that adversely affect the value or desirability of the property that are known or accessible only to the seller and that are not recognized or within reach of the buyer's careful attention and observation. However, the seller is not responsible for latent property defects that he or she did not know about, and had no reason to believe that they existed.
Where a violation is only partial, it relieves the other party of the duty to act only if also material. Among the factors to be considered when assessing the materiality of an infringement are the following:
Having a cloud on your title can have significant legal and financial consequences. When attempting to sell or mortgage a property, financial institutions and buyers will require proof of "clean" title. If the restriction is not removed, the transaction may be delayed or canceled altogether. In addition, even after purchasing a cloud property, a buyer may face restrictions on the use or possession of the property. If you are trying to:
the presence of the cloud may make these actions more difficult. Some types of restrictions, such as pending probate cases, may be difficult to resolve. You will need professional legal assistance.
To prevent such situations, it is important to conduct a thorough title search. This is done before you buy or sell a property. This includes obtaining a title report. This reflects any recorded restrictions and potential risks. Such a report helps to identify problems in advance and take corrective action. In addition, the inspection should be done not only at the time of the sale of the property. But also on a regular basis, especially if you inherit the property. Or became the owner as a result of divorce proceedings. It is also worth remembering that some encumbrances, such as oral agreements on the right of use. may not be recorded in the official records and require separate legal consideration.
Timely consultation with an attorney will not only allow you to determine the nature of the encumbrance, but also to develop a strategy for eliminating it. Depending on the situation, this may involve
Regardless of the nature of the problem, a qualified attorney will help reduce the risks and protect your interests. KAASS LAW offers professional legal assistance. Our attorneys can help:
Contact us for a qualified consultation.
Be aware that a quiet title action is different than removing a cloud title, which may be necessary to completely void the record of the cloud on your title depending on the type of cloud it is. Consult a real estate attorney to determine if a quiet title action can resolve your title issue or if cancellation is necessary. We invite you to contact our Glendale real estate attorney today at (310) 943-1171 for a free consultation. We can assist with resolving clouds on your property title through effective legal strategies.
Renting out your ADU is legal in California for long-term rentals, but for short-term rentals of less than 30 days (Airbnb), many HOAs will strictly prohibit them. All rental restrictions that would apply to the main property will also apply to an ADU.
A local government or HOA may limit the maximum size of an ADU. But may not make this maximum less than 850 square feet, or less than 1,000 square feet for those with more than 1 bedroom. They must also allow the maximum height to be up to 16 feet at least. KAASS LAW helps navigate local regulations, obtain ADU permits, and resolve legal issues with HOAs or municipalities to ensure compliance.
In recent years, accessory dwelling units (ADU) have become a popular solution in California for:
However, it is important to consider a number of legal and practical nuances when constructing and operating an ADU.
California law gives homeowners the right to build ADU. However, local governments retain the authority to regulate the process. For example, you must comply with:
Obtaining a permit requires the submission of a detailed site plan. This includes:
Some counties require notification of neighbors or an environmental impact statement. In addition, ADU may not be allowed in certain seismically active areas. Or in protected historic districts. Therefore, it is important to consult with a real estate attorney before beginning construction.
Although ADU can be rented, there are strict rules. Rentals of less than 30 days are often prohibited. This is especially true in neighborhoods regulated by HOA, which may prohibit short-term rentals altogether. In addition, owners are required to register ADU with local authorities and comply with regulations. Sometimes it is required that the owner live on the property where the ADU is located. Especially in the case of a rental. This requirement helps maintain order and reduces complaints from neighbors. For more information on rental regulations, visit the California Department of Housing and Community Development (HCD) website.
It is also worth considering that ADU construction must comply with:
For example, some municipalities require the installation of solar panels or energy-efficient windows.
Adding an ADU increases the overall value of a property. This may result in higher property taxes after reassessment. In addition, rental income from the ADU is taxable. It must be reported on your tax return. Failure to comply may result in fines. However, many see ADU as a way to increase a home's market value and create a source of ongoing income. Therefore, it is important to evaluate the potential costs and benefits in advance. At KAASS LAW we assist clients in drafting lease agreements. We assist in obtaining permits and resolving disputes with local governments or HOA.
In California, seller disclosure requirements are strict and thorough. California provides a standard format, as referred to in Civil Code Section 1102, which sellers must use when making these disclosures. The resulting form, called the “Transfer Disclosure Statement,” can be obtained from your California real estate agent. The Transfer Disclosure Statement form covers a broad range of topics, from structural information about the home, such as a leaky roof to whether any deaths occurred on the property in the last three (3) years. In addition, the seller must provide details on all of the home's appliances. Included are those that are for sale, as well as whether or not they are functional. The seller will also need to disclose any room additions, damage, or neighborhood noise problems. Finally, the vendor must attest that they have followed all applicable California laws. For example, smoke detectors are mandatory, and the water heater must drop or slide horizontally in the event of an earthquake.
As a general rule, the more the seller discloses, the better it is for both the seller and buyer. Remember, just because the seller discloses an issue does not mean they must repair or correct it. The buyer also has the option to correct a problem or to overlook it, if the issue is a minor one. In fact, revealing more information than the seller must to can aid the transaction. The buyer's real estate agent will be happy to find that the seller has submitted a fully completed Transfer Disclose Statement form, as will the buyer. It shows that the seller is thorough and are taking the home sale seriously.
Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
You also have the option to sue the entity that discriminated against you. As a result, taking action can entitle you to compensation for any hardship or injury you have endured. Additionally, you have the option to file a complaint with the federal Department of Housing and Urban Development. You can submit it online through their website or mail it directly to them. Specifically, the complaint should include:
Do you feel like you or a loved one have been discriminated against by a real estate agency or licensee? Get in touch with our law firm KAASS Law for legal assistance right away.
Under federal law, victims of housing discrimination must act quickly. It is important to note that there is a limited time frame for filing a lawsuit. Specifically, you may file a complaint with the Department of Housing and Urban Development (HUD). Within one year of the alleged violation. However, if you want to file a civil lawsuit in court, you have two years to file a complaint. Filing a complaint with HUD may suspend the statute of limitations for a court action. Therefore, it is recommended that you consult with an attorney as soon as possible. This will help you avoid all risks, including the risk of losing your right to defend yourself.
If you have been the victim of discrimination, the court may award you various forms of compensation. For example:
In addition, the court may order the wrongdoer to change a policy or practice. This is to prevent similar cases in the future. In some cases, it is also possible to recover attorney's fees. This is especially true if your claim was successful.
Contacting an attorney is the most important and first step in protecting your rights. An attorney can:
An attorney can also determine if the Fair Employment and Housing Act (FEHA) has been violated. This is a California law that complements the federal law. This is especially important if the discrimination occurred within the state.
Real estate discrimination is a serious crime. If you suspect you have been victimized, don't wait. Contact KAASS LAW for a consultation and to protect your rights. We can help you obtain justice and vindicate your legal interests.
What you should do:
1. Find out the current condition of the property
2. ask for proof of repairs
3. clarify any technical nuances
Don't rely on phrases like "everything's fine there" - they won't hold up in court.
Also, make sure it's done by a licensed professional. What to include in the report:
1. roof and attic
2. electrical and plumbing
3. ventilation and heating
4. foundation and walls
5. presence of termites and other pests
6. pool, if any
It also doesn't hurt to get a survey of the property. Especially if there are fences or neighbors' buildings nearby. Sometimes even a few inches can cause a legal conflict.
Some buyers get a mortgage but don't always understand the terms. Here's what you need to know: 1. Interest rate. A fixed rate stays the same for the life of the loan. An adjustable rate can increase. But it's important to understand the risks, especially if you plan to live in the home for a long time. 2. Hidden fees. Banks often include in the contract:
1. Property insurance
2. Property taxes
3. Loan servicing
Read all the items carefully and check the total monthly payment. 3. Pre-Approval. Getting pre-approved by a bank is a plus. Sellers are quicker to work with buyers who already have approved financing.
1. Buying too fast. Many buyers fall in love with a house at first sight and don't do a proper inspection. This should never happen. 2. Ignoring legal nuances. Phrases like "we'll figure it out later" don't work in the legal world. Signed - agreed. 3. Trusting oral promises. Get all agreements in writing. This is especially true when it comes to the time frame for vacating the house, the items included in the deal, and the condition of the property. 4. Refuse legal help. Many people think that an attorney is an unnecessary expense. In reality, it's an investment in the security of the deal.
Contact a real estate attorney. He will:
1. explain your rights
2. check the purchase contract
3. clarify the risks
4. help in negotiations
5. protect you in case of unforeseen situations
If you are looking for qualified help - contact KAASS LAW.
Buying real estate is more than just choosing a home. It's a complex legal transaction. Your financial future is at stake. So:
1. always review the documents
2. don't ignore inspections
3. don't agree to questionable terms
4. work with professionals
And remember: the law protects those who exercise reasonable care. KAASS LAW FIRM is your trusted partner in California real estate matters.
The Act does not apply if any of those four provisions are not met. For instance, if a seller owns a property in foreclosure but the buyer occupies the property as his or her personal residence, the rule on home equity transactions does not apply. Nevertheless, if all four conditions are met, the purchaser must use a sales contract for home equity. One example is the C.A.R. standard form "Notice of Default Purchase Agreement" and annexes which include the many provisions of the Act including:
Considerably, the Act provides that until the time has elapsed for the Seller to cancel the Contract, neither the Buyer nor anyone who works for him may ask the seller to sign any deed or other document. Since this right of rescission doesn't begin to run until the buyer issues the notice, the seller cancel any time. And if the Buyer never delivers the Notice, even after the Buyer has registered their Deed, the Seller can rescind. Additionally, the legal penalty for infringing this right is three times the equity plus lawyer's fees and court costs. Even worse, for each violation, equity buyers who violate the home equity sales law may be convicted of a crime punishable by a one-year jail term plus a $25,000 fine. What about real estate agents, the law requires that an authorized security insurer contract a buyer's agent, but there were no insurers willing to bid the bond. The bonding provision extends to the agent or dual agents of a seller but not exclusively to a listing agent.
If you're thinking about entering into a home equity sales contract, here are a few things you can do to protect yourself:
A home equity sales contract can offer a way out if you're facing financial hardship, but it's important to fully understand what you're agreeing to before moving forward. It’s a good idea to consult a professional, like an attorney, who can guide you through the process and help you make an informed decision. By doing your research and making sure the terms are fair, you can avoid unexpected surprises. For any further questions and or need legal assistance, please contact us right away! Strive to better secure your house and your future!