San Diego County, CA Foreclosure Lawyers

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John Anthony Varley

Bankruptcy, Credit & Debt, Estate Planning, Foreclosure
Status:  In Good Standing           

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Andrew M McKenzie

Real Estate Other, Foreclosure, Litigation, Contract
Status:  In Good Standing           Licensed:  20 Years

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David A Casey

Foreclosure, Credit & Debt, Consumer Bankruptcy, Bankruptcy
Status:  In Good Standing           

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Alberto Moises Carranza

Foreclosure, Garnishment, Credit & Debt, Bankruptcy
Status:  In Good Standing           Licensed:  19 Years

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Donald D. Beury

Divorce & Family Law, Foreclosure, Criminal, Bankruptcy
Status:  In Good Standing           

FREE CONSULTATION 

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James Russell Mckinley

Residential Real Estate, Landlord-Tenant, Foreclosure, Real Estate
Status:  In Good Standing           Licensed:  33 Years

Patricia Anne Coyne

Landlord-Tenant, Foreclosure, Real Estate, Criminal
Status:  In Good Standing           Licensed:  34 Years

Robert Bennett

Foreclosure, Mediation, Divorce, Bankruptcy
Status:  In Good Standing           

John Francis Brady

Foreclosure, Real Estate, Litigation, Bankruptcy
Status:  In Good Standing           Licensed:  49 Years

David Sean Dufek

Landlord-Tenant, Foreclosure, Motor Vehicle, Collection
Status:  In Good Standing           Licensed:  27 Years

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

FORFEITURE

The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the lan... (more...)
The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the landlord knows it is a drug-dealing site but fails to stop the illegal activity. Or, you may have to forfeit your driver's license if you commit too many moving violations or are convicted of driving under the influence of alcohol or drugs.

AUTHOR

In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context o... (more...)
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context or the person or business that commissions the work under a valid work for hire contract. For example, a songwriter may write a song, but if he is employed by a company to do so, the company is the author of that song for copyright purposes.

WORK MADE FOR HIRE

A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright own... (more...)
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as 'made for hire.'the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.

CONSIDERATION

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one for... (more...)
The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view. Whatever its particulars, consideration must be something of value to the people who are making the contract.

DOMINANT TENEMENT

Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.

COMMERCIAL FRUSTRATION

An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.

VESTED REMAINDER

An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will ... (more...)
An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will leaves her house to her daughter, but the daughter gains possession only after Julie's husband dies, the daughter has a vested remainder in the house.

NUISANCE

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

SAMPLE LEGAL CASES

Mabry v. Superior Court

... No—but, we must emphasize, it is not preempted because the remedy for noncompliance is a simple postponement of the foreclosure sale, nothing more. ... G. Noncompliance Before Foreclosure Sale Affect Title After Foreclosure Sale? No. ...

Gomes v. Countrywide Home Loans, Inc.

... 1. Gomes Has Not Identified a Legal Basis for an Action to Determine Whether MERS Has Authority to Initiate a Foreclosure Proceeding. ... [8]. 2. Gomes Agreed in the Deed of Trust That MERS Is Authorized to Initiate a Foreclosure Proceeding. ...

Kachlon v. Markowitz

... DONALD J. MARKOWITZ et al., Plaintiffs, Cross-defendants and Appellants, v. MORDECHAI KACHLON et al., Defendants, Cross-complainants and Appellants; BEST ALLIANCE FORECLOSURE AND LIEN SERVICES, Defendant and Appellant. No. B182816. ...