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Griswold Law has posted articles in the past explaining how the receivership remedy can be an effective tool for city and county municipalities fighting the ever-present problem with vacant foreclosure properties in neighborhoods. DSnews.com published an informative article today that highlights this problem as it continues to infect cities and counties across the nation.

Section 2938 of the California Civil Code requires commercial tenants to pay their rent to the creditor of their landlord when a landlord defaults on its obligations to its creditor under certain circumstances. The general principle is that if a landlord defaults under an obligation to the creditor, the creditor can compel the tenant to make rental payments directly to it.

Richardson "Red" Griswold of Griswold Law was nominated by an Orange County city, and appointed by the Superior Court judge under CA Health & Safety Code section 17980, et seq., to act as a receiver over a single family home that had fallen into serious disrepair with multiple and severe health and safety, building, and other municipal code violations.

It is being heavily reported that the new law (SB 458) signed into effect this past week regarding short sale transactions in California will aid the short sale process and provide further protections to sellers. In short, the new law prohibits second lien-holders from going after short sale sellers for the deficiency amount between what is owed on the loan and the lesser amount the second lien-holder agrees to accept to complete the transaction. This restriction is already in place for primary lien-holder deficiencies.

Legal disputes stemming from residential real estate transactions are on the rise, largely due to the increase in short sales and foreclosures. In regards to short sales, some sellers are taking legal action against their own real estate agents, alleging that they misrepresented or failed to disclose the possible loan deficiency amount owed to a lender (usually a “2nd”) and/or tax obligations.

Joseph Diliberti, a local Vietnam veteran and artist, has been battling San Diego tax authorities for the past seven years, but the conflict may come to an end on Friday. The LA Times ran this story today about the planned March 18th auction of Diliberti’s San Diego County home.