Claimed Lawyer ProfileQ&ALII SilverBlawgsearch
- Business Law
- Real Estate Law
Jurisdictions Admitted to Practice
- U.S. District Court, Eastern District
- U.S. District Court, Northern District
- English: Spoken, Written
- Law Office of James J. Falcone
- - Current
- Balfrey & Abbott
- University of the Pacific, McGeorge School of Law
- J.D. / Law
- University of Maine
- B.S. / Forest Management
- California State Bar # 131235
- California State Bar real Property Section
Websites & Blogs
- James J. Falcone's Website Profile
- Law Office of James J. Falcone Website
- California Real Estate Lawyers Blog
- Statute of Limitations to Prohibit Permanent Encroachment in California – Sacramento Appellate Court has its own Rule.
13 June 2017
- A Guarantor in a Sales Transaction Only Guaranties What is Described in the Document, and the Guarantor May Be Exonerated – How the Courts Determine Liability.
9 June 2017
- California Court Grants Equitable Easement Where there was no Prexisting Use – The Test the Court Applied
2 June 2017
- Fraudulent Transfers and the Good Faith Defense – Party Raising the Defense Only Needs to Prove It Did not Have Actual Knowledge of Wrongdoing
9 May 2017
- A Clash Between a Void Judgment and a Bona Fide Purchaser of Real Estate – How the California Court Sorted out their Rights
25 April 2017
- The Statute of Frauds and the Real Estate Commission – When Not Every Owner Needs to Sign the Listing Agreement
31 March 2017
- Harming California Trees Can Result in Treble Damages for Replacement, PLUS Treble The Amount Awarded for Annoyance – Blunderers and Rogues Beware!
22 February 2017
- Letters of Intent, Agreements to Agree, and the duty to Negotiate in Good Faith
6 February 2017
- In California, the Doctrine of Boundary by Agreement and the Doctrine of Practical Location Started As the Same Theory, but Evolved Apart – How the Requirements Developed, Part 2
23 January 2017
11 Questions Answered
- Q. Should disclosure documents be excluded from the sale agreement to get a loan?
- A: If the transaction qualifies under California law to require a TDS, the requirement cannot be waived. A loan application generally does not require these documents. This does not sound like a legitimate request. You should consult with a California real estate attorney.
- Q. Can you change title names on home while on SSI?
- A: There is no restriction on changing title, but it may affect your SSI eligibility. You may need to consult with an attorney.
- Q. Can I hire someone to be my tenants new point person? I'm the landlord, but find them infuriating to deal with.
- A: You could hire someone as a property manager; this is a common practice with rental properties. Once the tenants are properly notified, the manager may step in and handle the situation.
- Q. If I singed a contract with a real estate broker in CA and the court ordered him to list the house "Forthwith" and he
- A: More importantly, this sounds like a violation of a court order. If the broker was properly before the court and ordered to do something, failure to do it is contempt of court. You should consult an attorney regarding bringing the matter back before the judge.
- Q. House under contract to sell, and now one of the two owners is in disagreement about how to distribute sale proceeds.
- A: What the title and escrow company does is up to them, but if they receive conflicting escrow instructions from the two owners they may not be able to close the sale. If you cannot reach an agreement with the co-owner, the solution of last resort is a lawsuit for Partition, in which the court orders the property sold, and the court determines how the money is split.
- Q. My "ex" is requesting to take me off the deed of the house we bought during our marriage, can I ask to be taken off loan
- A: The Court cannot require the lender to remove you from the loan. You may have to seek an alternative -have her refinance the property would be best if she could qualify for the loan. Ultimately, you might need to ask the court to order the property sold and the loan paid off, otherwise you will be on the hook for the debt until paid.
- 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.
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