James Joseph Falcone
- Business Law
- Real Estate Law
- Landlord Tenant
Jurisdictions Admitted to Practice
|Owner, Law Office of James J. Falcone|
|associate, Balfrey & Abbott|
|McGeorge School of Law - University of the Pacific||J.D.||Law|
|University of Maine||B.S.||Forest Management|
|Member, California State Bar|
|Member, California State Bar real Property Section|
- Overall: 251st
- Overall: 5 Answers
Q. If homestead property is inherited by a son, does the homestead rights get transferred as well.
A: The California statutory homestead exemption applies to any owner of property; Once title is in your name, it applies to you.
Q. The seller, and the buyer have signed a counter offer. The purchase agreement seller didn't sign can seller back out?
A: Your question is incomplete- you state that the seller signed the counter - did they accept the counter, or just acknowledge receipt of it? Also, what is the difference between the "seller," and the "purchase agreement seller?"
Q. Can a lender record a deed of trust vested differently from the title to the property?
A: Such a document can be recorded, but it may cause issues for the lender in the future if they want to conduct a foreclosure. However this should not be a concern to the owner, though; if they sell the property, the loan would be paid off. If the buyer assumes the old loan instead, however, their title insurer may list the issue as an exception. Disclaimer The content of this comment contains general information based on California law and is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You require specific legal advice and should not rely on general information provided in response to a question posted online. You should consult with an attorney to discuss the matter and for any specific legal advice.
Q. Are there any precedents in California regarding prescriptive easement?
A: What the judge probably meant was that you cannot normally get a prescriptive easement for exclusive use of the property. An explanation can be found in my blog located here: http://tinyurl.com/4yoy3wc
Q. What is the difference between a deed and a grant deed?
A: Any deed that is not a 'Grant" Deed is probably a "quitclaim" deed. A Grant deed includes some guaranties, as described im my blog posting here: http://tinyurl.com/3boroqq
WEBSITES & BLOGS
Website: James J. Falcone's Website Profile
Website: Law Office of James J. Falcone Website
Blog: California Real Estate Lawyers Blog
Uncertain Boundary Line and Missing Monuments - Some Rules For How You Locate the Line in California Drafting a lawsuit when the lender denies a permanent loan modification after a HAMP trial Period - Some Necessary Allegations How you can determine if your real estate contract is specific enough to be enforced - what essential terms are required. California Commercial Lease - How to Determine if Option to Renew is Not Enforceable The Option to Buy California Real Estate, and Escape Clauses - How Part Performance Made the Promise Binding Conditions in California Real Estate Contracts - It makes a Difference if they are Dependent or Independent The Sham Guaranty in California - How to Avoid By Making Sure There is Separation Beween the Borrowower & Guarantor In California if you Obstruct a Prescriptive Easement, the Court can Require You to Remove the Obstruction, Even if it is a Commercial Building. Deeding California Property to Someone To Avoid Creditors Not a Fraudulent Conveyance When There is No Equity; How the Homestead Exemption Helps Beat Intentional Fraud