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Orange County, CA Real Estate Law Blog

Court rules in favor of foundation in property dispute

Before purchasing a piece of property in Orange County, California, it is a good idea to make sure the person selling it to you actually has the right to do so. Just because he or she has a deed to the property, does not necessarily mean that he or she owns the property free and clear.

Two people in Massachusetts recently found this out the hard way as part of a real estate dispute. They had purchased a three-acre parcel of land from a family member in 2010. A year later after they had received a permit, they started to construct a wooden tent on the property. The Sheriff’s Meadow Foundation evidently became alerted to the construction, because they filed a lawsuit in which they said that they owned the land. They claimed it had been given to them as part of a 10-acre parcel of land from a donor. They were successful at bringing construction to a halt while the lawsuit was in process by getting a temporary restraining order.

Property owner fights condemnation

When a property in Orange County, California is condemned for reasons of public safety, it may be taken either for use by the government or third parties who will dedicate its development for a public or civic use.

A property owner is in a real estate dispute with a city and is fighting a condemnation order for a piece of real estate where an old motel was located. The city sent a letter to the owner on January 31, 2013. It stated that the property violated the maintenance code of the city and required an inspection. The inspection that took place on February 11 found the property was so out of repair that it could not be repaired and would need to be demolished.

Foreclosing lender wants property placed in receivership

When a property becomes the subject of litigation in Orange County, California, a judge may appoint a receiver to take custody of it. A receiver’s job is to manage and preserve the property so that when a final judgment is made, the property can be used as ordered. The appointing of a receiver is typically a rare occurrence, in part because it can be considered a harsh consequence for the individual who owns the property. Having a property placed under a receivership removes the owner’s control of it and can incur additional legal expenses.

A lender who is attempting to foreclose on a commercial property in a busy retail area is requesting that the property be placed in a receivership until it is available to be sold in a sheriff’s sale.

Foreclosing lender wants property placed in receivership

When a property becomes the subject of litigation in Orange County, California, a judge may appoint a receiver to take custody of it. A receiver’s job is to manage and preserve the property so that when a final judgment is made, the property can be used as ordered. The appointing of a receiver is typically a rare occurrence, in part because it can be considered a harsh consequence for the individual who owns the property. Having a property placed under a receivership removes the owner’s control of it and can incur additional legal expenses.

A lender who is attempting to foreclose on a commercial property in a busy retail area is requesting that the property be placed in a receivership until it is available to be sold in a sheriff’s sale. 

California city files eminent domain suit against property owners

In California, the government may take possession of private property in order to dedicate it for public use as long as it compensates the property owner properly. This is known as eminent domain and can be practiced even if the owner does not want to sell his or her property. Public use include things like schools and roads that the general public can use or it can mean something that is not necessarily open to the public, but which benefits the general population.

The city of Sacramento had recently been in negotiations with the owners of a commercial property building at Downtown Plaza. The city wants to buy the old Macy’s store in order to make room for the new Kings arena. The two sides could not agree on a price, prompting the city to sue the owners under the eminent domain law.

Rising concern over the use of lease-leasebacks

In the state of California, in order to get the best deal for taxpayers on projects that are publicly financed, bids are taken. The company that submits the lowest bid is typically the contractor that gets the job. This system has been put into place in order to minimize the possibility of corruption and to increase competition in order to get the best deal.

However, a new process has recently come into vogue in some of California’s school districts. This process is known as a lease-leaseback and many are questioning the legality and ethics of it in a lease dispute. In one district, a majority of contracts have been given to one company. The district says they use the method because it allows them to hire contractors with a proven track record who do quality work.

Mortgage delinquency rate continues to fall

In the last few years since the economy took a turn for the worse in California, the mortgage delinquency rate has continued to rise. There is new hope, however and an indication that these rates are beginning to fall once again. This is thought to be due, in part, to a rise in the value of homes, more affordable home loans and a better outlook for employment.

During the last two years, the number of late mortgage payments has been declining while home prices have slowly been coming back up. The fact that interest rates for mortgages have been low recently has helped the housing market and real estate transactions to rebound. For homeowners who have had a high interest rate on their mortgage, the lower rate makes refinancing an appealing option and can help them avoid foreclosure.

Discovery of ancient Native American village halts development

In Orange County, California, it is not uncommon for construction crews to run across Native American artifacts, villages and even burial grounds while they are clearing sites in preparation for construction. In fact, Native American remains are found about once every ten days in California according to the Native American Heritage Commission. When this occurs, construction is stopped in order for an archaeological review to be performed on the site.

This is the case for a new development in downtown Miami. The plan was to build a 34-story hotel, movie theater and condos on the vacant lot, but the discovery of the remains of a prehistoric Native American village has halted construction and led to a real estate development dispute. The village is believed to have been built of wood and straw, so the only things that remain today are the postholes dug into the limestone.

Investments in real estate popular choice this year

As interest rates stay steady and even decline in Orange County, investors are looking more toward real estate as a smart investment. The fact that stocks seem to be rising in cost and showing more vulnerability this year only increases the popularity of investing in real estate for the purpose of returns and income.

Some believe this year may be the last year to make good real estate investments, whether in commercial or residential real estate, before interest rates begin to rise. The market appears to be rebounding, giving investors more confidence. This upswing in the real estate market may be attributed to the fixed-income yields staying at a historical low while equities rise. In 2012 the S&P/Case-Shiller index of home prices hit a low point. Since then, home prices in 20 cities have risen 24 percent.

Ski resort battle over property lease ends up in court

In matters of commercial real estate in Orange County, California, the stakes can be high, especially if there is a dispute about the use or rights to the property. These types of commercial property disputes can get costly fast, particularly if they interfere with the day to day operations of the business.

This seems to be the case for Park City Mountain Resort (PCMR) in Utah. For the past two years, the resort has had to issue a disclaimer with each season pass it has sold. The disclaimer informs season pass purchasers that there is an ongoing lawsuit that involves a parcel of land at the top of the mountain that the resort had been leasing.

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