Category Archives: Legal Corner

Clarifying the Rights of Landlords in the Face of Terror

Many landlords and property managers still have questions about their rights and responsibilities regarding immigrants and Fair Housing. This is a must read!


Buying at California Foreclosure Sales – What is the Procedure?

Simon Offord, Esq., from the Brewer Law Firm, explains the best procedure for purchasing at a foreclosure sale.


Bankruptcy Courts Enforce “Produce the Note” Defenses by Borrowers

The Bankruptcy Court for the Eastern District of California recently followed several other courts in striking claims by lenders who are unable to prove that they are the actual holders or owners of the promissory note. Here’s an inside look at why the MERS business model troubles courts.


Liening on Banks: Second Mortgages Are Next Housing Crisis

The NY Post takes a closer look at underwater homeowners who are jumping onto an unexpected financial life raft that lets them escape crippling second mortgage debts and keep their homes — Chapter 13 bankruptcy.


Lost Your House? At Least You Do Not Have to Pay Taxes. Thanks Arnie!

At least you don’t have to pay taxes. Thanks, Arnie!


Bidding on Occupied Property?

California’s Proposed Law Will Impact Tenant-Occupied Foreclosed Properties
Often times, savvy foreclosure investors will personally view the properties before the actual trustee’s sale auction. For example, large cities such as San Jose have many different neighborhoods disparately affected by the recent high volume of foreclosure sales and REO listings, and the bidder will want to satisfy [...]


New Law Affects All Investors: Pre-1978 Homes

Are you planning on renovating, repairing or painting a home, child care facility or school built before 1978? If so, I would highly recommend you do NOT CUT, SAND or DEMO ANY WALLS during your rehab if possible. Also, this new law will greatly affect REO lenders who have pre-1978 houses with bad walls. And [...]


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 [...]


The LLC-IRA for Real Estate Investing

By now I am sure you’ve heard that it is legal, permissible, and profitable to invest in real estate using your self-directed IRA, SEP, or Roth IRA.  If you’ve been using this technique, you know the drawbacks – delays in funding, fees from your custodian, and potential lawsuits against your IRA.
Well, there’s a solution… the [...]


Should You Disclose on Short Sale Flips?

Short sale flips – the process of shorting a property then reselling it for a cash profit in a simultaneous closing has been taking heat lately from title companies and real estate brokers.  Realtor blogs are filled with drivel about how these transactions are illegal or unethical. What’s the real truth?
The Basic Process
The process of [...]