Adverse possession is not very common in California, but it can still occur, particularly in cases where property is left unattended or boundaries are unclear. Adverse possession allows a person to legally claim ownership of land if they meet specific conditions, including continuous and exclusive occupation for at least five years and payment of property taxes.

Partition actions are a legal remedy used when co-owners of a property cannot agree on its disposition. This lawsuit allows one co-owner to force the division or sale of the property, ensuring all parties' interests are fairly considered. Common in California, partition actions help resolve real estate conflicts through a court trial where a judge determines each party's interest and the best method of partition.

Sensitive information plays a critical role in your real estate transaction, and it’s imperative to keep it safe. Recently, Rana Robillard, a Silicon Valley executive, lost nearly $400,000 in a sophisticated wire fraud scam while purchasing a home. Her story highlights the growing threat of cybercrime in real estate. Learn how to recognize common fraud indicators and protect yourself from similar scams. Stay vigilant, verify all wiring instructions, and use encrypted communication. Read more about her experience and essential safety tips on CNBC.

Owning a home is a significant achievement, but it comes with responsibilities, including ensuring your property has a clear title. Title issues can arise unexpectedly, from outstanding liens and errors in public records to unknown heirs and boundary disputes. Understanding these common problems and how to resolve them is crucial for protecting your investment. Regular title reviews and investing in title insurance can save you time, money, and stress, ensuring a smoother, more secure homeownership experience. Stay informed and proactive to keep your dream home a source of pride and security for years to come.

Navigating real estate transactions can be challenging, especially when sellers are out of the country. A Power of Attorney (POA) can streamline the process. This legal document allows one person to authorize another to act on their behalf, handling everything from financial decisions to property transactions. Understanding the different types of POA—General, Durable, Special, and Springing—can help ensure you're using the right one for your needs. In real estate, a Special POA is particularly useful for specific transactions, like selling a property when the owner is abroad, ensuring efficiency and legal security.

Foreclosure can be a daunting process, but understanding the steps involved can make it more manageable. In California, the non-judicial foreclosure process is the most common method used. Here's a brief overview of the key steps and timeline:

As a real estate professional, you know how important it is to guide your clients through every step of the home-buying process. But once the deal is closed, there’s one more crucial piece of information they need to be aware of: California’s supplemental property tax. Whether they’ve just purchased a home or completed new construction, understanding this tax bill is essential.

In California, homeowners can use the Transfer on Death (TOD) deed to transfer property to heirs without probate. This simple and flexible alternative avoids the complications of joint tenancy, such as higher taxes and refinancing issues. The TOD deed allows property transfer upon the owner's death while maintaining full control during their lifetime.

Navigating the world of home buying involves more than just finding the perfect house. Understanding Covenants, Conditions, and Restrictions (CC&Rs) is crucial, as they dictate what you can and can't do with your property. These rules, set by homeowner's associations or developers, can impact everything from house colors to parking rules. Additionally, knowing how CC&Rs affect title insurance is vital to ensure your investment is secure. This guide simplifies these concepts, helping you make informed decisions and avoid potential pitfalls in your home buying journey.

When reviewing a Preliminary Report, you may see an exception related to a prior deed together with a requirement for evidence and/or documentation addressing that exception.

When it comes to transferring title to real property, there are several options available to individuals or entities. Three of the most commonly used forms of deeds in California are quitclaim deeds, grant deeds, and revocable transfer upon death deeds.

AB 1885, which took effect on January 1, 2021, increased the amount of financial protection. The homeowner exemption amount is based upon the countywide median sale price for a single-family home in the calendar year prior to the year the judgment debtor claims the exemption.

When a borrower defaults on his loan, the bank can take back the property which is the collateral or security for its loan. Most lenders do not want to own these properties, because the maintenance and management expenses add to their costs and decrease profitability. This climate creates a favorable environment for both investors and residential home buyers who are searching for a good deal.

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.

Once the agreement is accepted and signed by all parties, escrow will open. Earnest money will then be deposited, and the escrow company will handle all funds associated with the transaction.

A plat map, also known as a “plat,” shows you how a tract of land is divided into lots in your county. It is drawn to scale and records the land’s size, boundary locations, nearby streets, flood zones, and any easements or rights of way.

WHY TITLE INSURANCE?

Title insurance for property owners, called an Owner’s Policy, is usually issued in the amount of the real estate purchase. It is purchased for a one-time fee at closing and is valid for as long as the owner or his heirs have an interest in the property. Only an Owner’s Policy fully protects the buyer should a covered title problem arise with the title that was not found during the title search. Possible hidden title problems can include:·

What is a Living Trust? Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.

Why does a lender need title insurance? Why does the lender require that I purchase a lender’s title insurance policy when I refinance my loan? What about the original title insurance policy I received when I purchased the home? Do you offer any discounts for title insurance on a refinance transaction?

What is a Living Trust? Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.