Articles

Client Alert: From the Scheer Law Group: PACE Financing: May not be as Sunny as Predicted for Lenders or Borrowers

( Disclaimer): The following bulletin refers to legal issues subject to developing case law or regulatory oversight. In the event that you encounter issues covered in this bulletin, you should review the appropriate response with counsel experienced in this area of law and should update the status of any  legislation, regulation or case law mentioned.. … Continue reading

NEW ADDITIONAL COMMERICAL LEASE DISCLOSURE REQUIREMENTS REGARDING COMPLIANCE WITH DISABILITY ACCESS LAWS

NEW ADDITIONAL COMMERICAL LEASE DISCLOSURE REQUIREMENTS REGARDING COMPLIANCE WITH DISABILITY ACCESS LAWS
The bad news is that ADA litigation risks have increased under new laws.  The good news is that compliance is manageable and that modifying your leases can be done quickly and will reduce liability.
During 2013, California enacted legislation requiring commercial landlords to disclose to … Continue reading

Spencer Scheer article: Inability of Borrower to Pay When Loan Originated Renders Loan Unconscionable, published in UTA Quarterly, Spring 2016

Spencer Scheer article:  Inability of Borrower to Pay When Loan Originated Renders Loan Unconscionable, published in UTA Quarterly, Spring 2016
 
 
UTA_Quarterly_Spring_2016
 
 

Dec. 2015 UTA Article by Spencer Scheer on dangers of having to pay a borrower’s fees in bankruptcy litigation.

Link to Article

RICHMOND ENACTS RENT CONTROL

RICHMOND ENACTS RENT CONTROL
The city of Richmond, California has enacted a rent control ordinance.  This is the first new rent control ordinance enacted in California in approximately 30 years.
Under the Ordinance, annual rent increases cannot exceed the amount of the annual percent increase in the San Francisco, Oakland, San Jose region consumer price index.  Richmond … Continue reading

UTA eNews with recent SLG article on the Bank of America N.A. v Caulket case

To go to UTA eNews with recent SLG article on the Bank of America N.A. v Caulket case,  click here: http://unitedtrustees.com/uta-enews-july-2015/

Spencer Scheer article on a recent Supreme Court case published in California State Bar Real Property section journal

Spencer Scheer article on a recent Supreme Court case published in California State Bar real property section journal:
http://www.calbar.org/rpsection/e-newsletter/rp-e-newsletter_2015-07_web.html
 
 

Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings

Spencer and Josh Scheer co-author article in California State Bar  Real Property Journal:
Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings (California State Bar Real Property Journal, Vol. 32, No. 3 (2014).  By Spencer Scheer and Joshua L. Scheer.
Read the article here
 
 

NEW LANDLORD TENANT LAWS FOR 2014

NEW LANDLORD TENANT LAWS FOR 2014

By Jonathan Seigel
Scheer Law Group, LLP
jseigel@scheerlawgroup.com

A number of new landlord tenant laws went into effect on January 1, 2014.  Below is a general discussion of some of those laws.  Please contact Jonathan Seigel for more details.  Although none of these laws is groundbreaking, remember, for landlords,  getting the … Continue reading

California Appellate Court Rules that Lender Cannot Condition a Short Sale on the Borrower Owing a Deficiency

August 28, 2013
To All SLG Clients and Affiliates:
From: Spencer Scheer
 
California Appellate Court Rules that Lender Cannot Condition a Short Sale on the Borrower Owing a Deficiency. Expansion of Short Sale Deficiency Protection:
 
Lender Clients frequently call me, distressed that a borrower is engaged in a strategic default and is seeking to affect a short sale.  They … Continue reading