In the world of real estate, an encumbrance is a critical term that refers to any claim, lien, charge, or liability attached to a property that may diminish its value, restrict its use, or burden its owner in some way. Encumbrances can significantly impact the...
Is it possible to lose your home to unpaid consumer debt that you have not taken care of? A new law was added into the Enforcement of Judgments Division of the California Code of Civil Procedure (“CCP”). This new law, codified as CCP § 699.730, is entitled “Principal...
If a future interest holder pays off a lien to avoid foreclosure, is he or she entitled to be reimbursed? Real property rights are sometimes described as a “bundle of sticks”. This analogy stands for the idea that there are numerous rights associated with real...
The survivability of a lease after foreclosure generally depends on priorities. This is further discussed at length in our prior blogs. Priorities are governed by the recording acts and related common law principles. However, parties have the option to contract around...
Contractors, subcontractors, laborers, and material suppliers are all entitled to file a mechanic’s lien for non-payment of any construction work and/or material supplied by them on a construction project involving private property. Accordingly, a prudent homeowner...
The Use of Mechanic’s Liens during Coronavirus (when clients can’t pay) Despite the various stay at home orders in place due to COVID-19, construction does not appear to be slowing down in most parts of Southern California. However, with the rise of...