Author Archives: Peter Brewer

Short Sales: Buyer’s Bonanza or Boondoggle?

Short sales are commanding a lot of attention these days, but from the buyer’s perspective are they a bargain or a bust? This article discusses a few things a buyer may want to consider before making a short sale offer.
Let’s start with the basics. What is a short sale? A short sale is one where the price [...]

If I Lose My Home in Foreclosure, Am I Still Liable for the Debt?

Unfortunately, many homeowners these days are finding that their homes are worth less than the amount owed on them. Naturally, they eventually find themselves asking, “If I lose my house to foreclosure, am I still liable for the remainder of the mortgage?” Let’s take a closer look at this commonly asked question.
The following is a [...]

Broker Arranged Loan Usury Exemption Comes Under Attack

A violation of the maximum interest rate that can be charged on a loan exposes the lender to some very harsh penalties — including the return of all interest paid and the possibility of treble damages on the amount of interest paid for a one year period. Many lenders take comfort in exemption from the [...]

If Your Household Worker or Contractor is Injured, Will You Be Liable? (Part II of Two Parts)

Last month (See Related Links), we reviewed a case in which a worker for an unlicensed and uninsured contractor sued the contractor’s customer after he was injured on the job. The case stirred anew the question of liability on the part of the property owner. Here, attorney Peter N. Brewer examines the legal background against which [...]

If Your Household Worker or Contractor is Injured, Will You Be Liable? (Part I of Two Parts)

The following review of an actual liability dispute involving the injury of a so-called casual domestic worker employed by an unlicensed and uninsured contractor illustrates how a huge can of worms can be opened if you allow such contractors to work on your rehab projects.
We know it seems long, but it’s required reading for investors. [...]

The Newest Insurance Crisis: Will You Be The Next Victim?

The Problem: Will your next home purchase or sale fall through because of little fellas with names like “stachybotrys, aspergillus, cladosporium, penicillium, fusarium, acremonium, alternaria, chaetomium, cladosporium, paecilomyces, or trichoderma”?

Will the sale tank because of the unavailability of property insurance because of past insurance claims? Will there be deposit disputes and commission disputes over whether [...]

Defective Foreclosure Sales What Are Your Rights?

Your property was in foreclosure but you had a plan to rescue it. You contacted the lender and reached an agreement to postpone the foreclosure sale to give you the time you needed to pull together your rescue plan. The lender agreed to postpone. A short time later you tendered the reinstatement amounts, but to [...]

What Can Happen When You Buy A House That Is About To Be Foreclosed Upon

Recently the California Appellate Courts contemplated a situation where it appeared that there were two owners of a distressed property: One owner being the successful bidder at the foreclosure sale and the other owner having just closed escrow the day before the scheduled foreclosure sale. (Nguyen v. Calhoun, 2003 DJDAR 599, CA6th, Jan. 15, 2003)Case [...]