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
- Partition Actions and Attorney Fees for The Common Benefit – How Much Chicanery Does it Take to Be Denied All Attorney Fees?
25 October 2016
- How to Determine if Your California Real Estate Contract Contains the Essential Elements for Enforcement
23 September 2016
- When a lender holds both the first and second deed of trust on a Property – What you can do.
14 September 2016
- California Title Insurance Covers Marketability of Title, Not Marketability of the Property – Can You Tell The Difference?
29 August 2016
- The California Quiet Title Action and Legal vs. Equitable Title – When a Quiet Title May Be Used
18 August 2016
- California Delta Water Tunnels Project Will Start Boring Holes In Private Property – Why the Supreme Court Says A Condemnation Action is Not Needed First
4 August 2016
- Wrongful Recording of a Lis Pendens – Is It Ever Slander of Title?
7 July 2016
- When a Contract for Sale of Real Estate is Also a Lease – Seller’s Guide to The Right to Unlawful Detainer
23 June 2016
- When Equitable Indemnity Does Not Apply – the Economic Loss Rule
14 June 2016
10 Questions Answered
- 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.
- 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
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