Archive for category: REACH

R.E.A.C.H. November 2008: Guarantor Risks After Foreclosure

THIS ISSUE: The California Court of Appeal recently held that some guarantors may be liable for a loan deficiency judgment after a foreclosure sale on real property, while others may not.1 The decision follows long California precedent, but may be ripe for legislative review regarding the inherent risks in personal guaranties during a real estate foreclosure.

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R.E.A.C.H. April 2008: Progress Payment Penalty Statutes

THIS ISSUE: The California Court of Appeal has held that the “final payment” owed to a contractor is not a “progress payment,” the improper withholding of which would entitle a contractor to progress payment penalties. How does this impact contractors and property owners?

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R.E.A.C.H. March 2008: Recovering Attorney Fees

THIS ISSUE: Most real estate purchase agreements contain some form of prevailing party attorney fees provision. Understanding how those provisions work, and the pitfalls associated with them can enhance a litigation negotiation position significantly.

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