The New York Times article highlights two recent cases focusing on the behavior of banks in the loan administration and collection process and ruling in favor of borrowers. In one case the judge concluded the bank “abused” the borrowers and in another that it “forged” documents. Both cases, however, seem to essentially come back to… Continue Reading
Michael Kvarme
More Borrowers Prevail
Posted in Real Estate LitigationLoan Document Interpretation – Wow! Drafter Beware.
Posted in UncategorizedA California Court of Appeals recently opined on what appear to be fairly normal yield maintenance provisions. The Borrower defaulted. The bank accelerated the note and later foreclosed. The note provided that the prepayment fee was due whenever the “debt was paid.” By contrast, the deed of trust said that the prepayment fee was due… Continue Reading
Empowering Embattled Landowners: The Recent Koontz Decision
Posted in LeasingThe Supreme Court has shifted the land use playing field back towards landowners and away from government freedom to impose conditions on the development of property. While by no means invalidating local government land use regulatory authority, the Court did hold that imposing an overreacting condition on development can constitute a taking. In a case… Continue Reading
A win for the Kings, a win for Sacramento, a win for the region
Posted in Real Estate DevelopmentGreat news. As one of the members of the Mayor’s Arena Task Force who pushed for the downtown arena location, I am thrilled that Sacramento is retaining the Kings AND that we will try and locate the arena downtown. The contribution and boost to our local economy and our civic life should be extraordinary. Let’s… Continue Reading
Sacramento Kings and Downtown Development – After the Roar
Posted in Construction, Real Estate DevelopmentOnce all the hoop-la is over, the Sacramento Region needs to plan for one of two contingencies: (1) Seattle wins in OT and the Kings leave or (2) Kings win and stay. What if the Kings leave? Does Sacramento still build an arena downtown? Go for an expansion team? Would the whales stay playing in… Continue Reading
Real Estate Developers Warning – What do you mean I could be personally liable?
Posted in Real Estate Development, Real Estate LitigationThe tail end of a recent anti-deficiency decision of minor import has HUGE warning signals for principles, employees or agents of real property. Each could be individually and personally liable to lenders even after a foreclosure. How? In Fait v. New Faze Development, the lender to a failed redevelopment project sued both the borrower and… Continue Reading
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