Real Estate Law

Real Estate Transactions – Purchase, Sale & Mortgage Financing

Our attorneys have been providing guidance and counsel to real estate brokers, purchasers and sellers of real estate since the founding of the firm in 1977. Several of our attorneys are licensed real estate brokers and often teach at seminars and conferences relating to real estate, foreclosure, and lending. As part of our teaching and our regular practice, our firm vigilantly maintains up-to-date knowledge about the ever increasing multitude of state and federal case law and statutory and regulatory requirements affecting the purchase, sale and financing of real property. The Firm has a wide range of expertise in all aspects of mortgage lending and servicing as well as in real estate transactional work.

Statutory & Regulatory Compliance

Real estate and mortgage transactions have become  subject to new and increasingly complex laws and regulations requiring compliance to maximize profits and to reduce exposure to liability. Our attorneys for decades have worked closely with the United Trustees Association and the California Mortgage Association (and their predecessors), associations heavily involved in mortgage lending, servicing and foreclosure.  Phillip Adleson is counsel to both associations, and has been for many years. We have in-depth knowledge of constantly changing state and federal laws such as the Truth in Lending Act, the Real Estate Settlement Procedures Act, Dodd-Frank, as well as state laws such as the Homeowner Bill of Rights. The Firm creates and presents compliance programs quarterly and annual seminars to hundreds of participants in the industries to help our clients mitigate liability and to assist them in implementing the best business practices possible.

Mortgage Lending

Whether it is private or conventional financing, our firm has the experience and knowledge to assist in documenting and closing lending transactions. The Firm has decades of experience in mortgage lending and seeks to provide protection in these increasingly litigious times.

Loan Workout and Forbearance Agreements

Secured lenders are frequently presented with proposals to negotiate resolutions to problematic loans, which has been exacerbated by the Great Recession. Efforts in this area are subject to numerous statutory and regulatory requirements, including usury laws, Truth-In-Lending laws, guarantor statutes, security priority requirements, and others. We provide our clients with compliance knowledge and documentation in these areas.

Deeds in Lieu of Foreclosure and Short Sales

Occasionally, a borrower will decide to deed the borrower's property to the lender rather than have a foreclosure proceed to trustee's sale. Or, a short sale may be requested from a lender. The Firm represents lenders, trustees and loan servicers in all aspects of such transactions, including the deed-in-lieu of foreclosure, estoppel affidavits, requests for reconveyance and short sale documentation.

Landlord/Tenant; Leases

Our attorneys have decades of experience in in drafting, negotiating, and enforcing leases on behalf of property owners.

Nonjudicial Foreclosures

The California statutory system of nonjudicial foreclosures of deeds of trust and mortgages with powers of sale is complex. Our attorneys have been instrumental in coordinating and working with legislative advocates in drafting amendments to California's statutory schemes governing foreclosures. Since its inception, the Firm and its attorneys have written articles, conducted seminars and served as expert witnesses relating to numerous topics involving nonjudicial foreclosures. In addition, the Firm's attorneys have extensive litigation and appellate experience related to nonjudicial foreclosures. Our ongoing involvement in the California Mortgage Association and the United Trustees Association demonstrates our commitment to maintaining standards of excellence in this field.

Judicial Foreclosures

Whether and under what conditions to pursue a judicial foreclosure rather than a nonjudicial foreclosure is a critical decision, fraught with many pitfalls. Our extensive experience in this area of the law allows us to provide sound and reasoned advice to secured lenders regarding whether and how to proceed with this remedy, as well as handling foreclosures through sale, final judgment, and collection.

Secured Lenders

The deed of trust with power of sale is the most common real property security instrument in use in California. The anti-deficiency statutes present a challenge to secured lenders seeking to enforce their security. Failure to strictly comply with the statutory requirements can result in the loss of the real property security interest. Significant new laws and regulations governing nonjudicial foreclosures must be navigated.  Failure to do so can result in lawsuits, damages, and failed foreclosures. Our broad experience in litigating and lecturing in this area allows the Firm to offer informed counsel to secured lenders.

Landlord/Tenant: Unlawful Detainers & Evictions

Our attorneys have had extensive experience in litigation involving landlord-tenant issues, including unlawful detainer actions on behalf of property owners and litigation enforcing lease terms on behalf of our clients. We are able to assist our clients in this area throughout California.

Our Real Estate Law group's services include:

  • Real estate and business litigation
  • All aspects of real property related litigation, including leases, sales contracts, and lending issues
  • Real Estate Transaction areas include Real Estate Finance, Loan Servicing, and Foreclosure Trustees
  • Lending, mortgage broker, and foreclosure trustee related regulation compliance and advice
  • Loan Servicing, Foreclosure Trustees, Usury Litigation, Mortgage Broker Litigation, and Truth-In-Lending
  • Mortgage broker and foreclosure trustee related representation