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Archive by tag: Patton Sullivan Brodehl LLPReturn

A Development Agreement Is A Contract And Can Alter Map “Vested Rights”

Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights.  Put simply, obtaining a vesting tentative map allows a builder to rely on the regulations, conditions, and fees existing at the project planning stage even though the development might take years to complete.  This brings some degree of certainty for the economics of a long-term project......By: Patton Sullivan Brodehl LLP
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Patton Sullivan Brodehl LLP | Oct 27,2020 |

Trustee Has No Duty to “Verify” Validity of Loan Assignment Before Foreclosure

A trustee in charge of administering a trust has many duties. A trustee appointed pursuant to a deed of trust, however, is different.  The duties of a deed of trust trustee are exceptionally narrow. A recent opinion from California’s Fourth...By: Patton Sullivan Brodehl LLP
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Patton Sullivan Brodehl LLP | Aug 25,2019 |

Beware “Super-Priority” Receivership Liens

In California, lien priority is usually resolved by a straightforward examination of the time of creation or recordation with the County Recorder, which gives “constructive notice” of the lien to the world. But some liens can have “super-priority,”...By: Patton Sullivan Brodehl LLP
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Patton Sullivan Brodehl LLP | Jul 26,2019 |

Will Using an LLC Mess Up a Property Tax Base Transfer Under California Law?

Under California’s Proposition 60, which became enacted in 1986 as Revenue and Taxation Code section 69.5, any “person” over the age of 55 years may transfer the base year value of his or her residential property to any replacement dwelling of equal...By: Patton Sullivan Brodehl LLP
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Patton Sullivan Brodehl LLP | Jul 08,2019 |