James Joseph Falcone

James Joseph Falcone

Law Office of James J. Falcone
  • Business Law, Real Estate Law
  • California
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Practice Areas
  • Business Law
  • Real Estate Law
Jurisdictions Admitted to Practice
U.S. District Court, Eastern District
U.S. District Court, Northern District
  • English: Spoken, Written
Professional Experience
- Current
Balfrey & Abbott
University of the Pacific, McGeorge School of Law
J.D. / Law
University of Maine
B.S. / Forest Management
Professional Associations
California State Bar # 131235
California State Bar real Property Section
Legal Answers
5 Questions Answered

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:
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:
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Contact & Map
300 Capitol Mall
Sacramento, CA 95814
Telephone: (916) 442-4204