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PALM SPRINGS LITIGATION ATTORNEY 40+ YEARS, SPECIALIZING IN REAL ESTATE RELATED MATTERS

Palm Springs Litigation Attorney
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Get Legal Help in All Real Estate, Bankruptcy, Construction and Business Litigation Matters

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Specializing In Bankruptcy, Real Estate, Litigation and Foreclosure

Founded in 1977, Sussman & Associates has had a presence in the Palm Springs area and greater Coachella Valley for over 40 years.

 

With offices located in Palm Springs, our law firm of attorneys and paralegals specializes in real estate and commercial matters, with emphasis on Quiet Title, Foreclosure, Construction disputes, Title matters, Easements, Lot line adjustments, Encroachments, HOA matters, Partnership and Escrow disputes, as well as Mortgage and Contract disputes, Bankruptcy, Business Formation and Student Loan Adjustment. 

 

Our team has represented some of the most well-established entities in the Palm Springs area, including Real Estate developers, brokers, contractors, hotels, restaurants, cannabis growers, retailers, radio and TV stations.
 
In addition to a presence in the Palm Springs area, Sussman & Associates has offices throughout Southern California, as well as in Las Vegas, Nevada.   

If you are looking for reasonable and thoughtful resolution of your real estate and business disputes, please feel free to contact us at 760-325-7191 for a free evaluation of your case.

Palm Springs Litigation Attorney
Palm Springs Litigation Attorney
Our Team

Contact Us Today

Find out how we can assist you in any Real Estate, Timeshare, Foreclosure, Specific Performance, Title Disputes and Construction situation.

Call 1-800-233-8521 or
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Thank you for contacting us! We will get back to you shortly.

Real Estate Law

Real Estate Law

Our Palm Springs Litigation Attorneys are some of the leading experts on laws that govern the sale, purchase and ownership of real estate in California, US.

There are a lot of laws that govern the sale, purchase and ownership of real estate in California US, and when it comes to information related to this Palm Springs Litigation Attorney is one of the leading experts in the region. They provide numerous clients with the best legal advice and information regarding the legal options that they have. This makes Palm Springs Litigation Attorney one of the leading experts in the field in the region of Palm Springs.

Purchasing or investing in a property also comes with its fair share of legalities, and depending on the classification of the property there are different laws that need to be taken into consideration. One of the reasons that Palm Springs Litigation Attorney is a leading expert in the field of real estate is due to the fact that the founders of the organization Mitchell Reed Sussman and Harvey Stern bring with them a wealth of information as well as experience in the field to the table.

Both these senior members of the Palm Springs Litigation Attorney law firm have a lot of experience in law as well as other related fields of real estate as well. This wealth of information puts them in the perfect position where they possess in depth information regarding realty as well as related subjects of real estate such as contracting and building.

There are numerous clients that approach the Palm Springs Litigation Attorney office for information regarding the laws surrounding various kinds of realty. This is due to the fact that numerous clients are unaware of how the legalities surrounding a property can have a big influence on overall viability of investing or selling a piece of real estate.

The Palm Springs Litigation Attorney has facilitated numerous realty deals ensuring that their clients are well aware of all the legalities regarding certain properties. One of the primary reasons for using the services of a law firm such as the Palm Springs Litigation Attorney is due to the complexity of laws surrounding realty sale and purchase.

For the lay person and the real estate professional useful information on the subject of real estate law can be found at:


California Department of Real Estate
This page is the homepage of the California Department of Real Estate
Dre.ca.gov


California Association of Realtors
This is the home page of the California Association of Realtors
Car.org


California Real Estate: Find Homes in California
This is the official site for the National Association of Realtors.
Realtor.com

TALK TO OUR LEGAL TEAM NOW!

Call 1-800-233-8521 for a Free Consultation regarding your Real Estate, Timeshare, Foreclosure, Specific Performance, Title Disputes and Construction situation.

Walk Away From Mortgage

Can I Walk Away From My Home Mortgage

View this informational video by real estate attorney and broker Mitchell Reed Sussman, who discusses anti-deficiencey statutes and their effect on a homeowner's ability to "walk away" from their home mortgage.

Walking away from a mortgage is something that depends on the personal choice of the borrower, there are a lot of people who choose to walk away from the homes that they mortgaged, this is due to the fact that the value of real estate fell drastically in the last few years.

There are however certain states that make it the obligation of the borrower to repay the amount to the lender regardless of the circumstances. However there are also states that protect the borrower who have borrowed an amount that was in tune with the value of the house or the real estate at that time, however now the real estate is worth a lot less than the value of the loan.

This is a tricky subject and the last thing that a debtor wants to find out is that they are liable to be sued for making such a decision. This is the reason why it is considered to be a very wise decision to check with a good lawyer before making any such kind of resolution. There are a lot of pros and cons to this action for the borrower, and in certain cases it would not be a wise decision for the borrower even if they can do it.

This is due to the fact that in certain cases the long term repercussions of such actions can have an impact on the credit rating of the person, and hamper future financial dealings that they have with the banks.

Mitchell Reed Sussman & Associates advises a lot of clients regarding the best options that are available to their clients to secure them. And there are a lot number of options apart from what people assume. There are more to it than just walking away from the home, or repaying the high amounts that are required of the borrower.

According to “legislature enacted Code of Civil Procedure section 580b” in California a person has the right to walk away from the deal, without fear of prosecution from the law or the lender.

As Mitchell Reed Sussman & Associates puts it, a lot of the decision is also based on certain facts, and these are as follows: can the borrower afford to repay the amount, does the borrower want to leave the house, or does the borrower believe that the realty market will recover. These are also important points that need to be taken into consideration.

Foreclosure Proceedings

Types of U.S. Foreclosure Proceedings

There are a lot of things that people are not aware of when it comes to foreclosure of loans and this is where the law firm of Mitchell Reed Sussman & Associates comes in, the experts who provide borrowers with this information.

Some of the facts that need to be taken into consideration when discussing foreclosure are that there are two kinds of foreclosure. These are the non judicial foreclosure and the court supervised foreclosure.

When it comes to non judicial foreclosure, this is the most frequent kind of foreclosure that you hear about all over the US. This is due to the fact that most borrower and lender agreements have this clause, which makes it easier for the bank to foreclose the loan and sell of the realty to another buyer. This is quick and easy for the lender to do and is not an expensive affair. The foreclosure which involves the courts consent is another kind of foreclosure all together, and this kind of foreclosure involves the bank auctioning off or arranging for the sale of the real estate.

For situations such as this it is better to consult with a professional law firm who will be able to provide the borrower of the loan some best options that are available to them, and also on the laws that are in place which protect the borrower. Mitchell Reed Sussman & Associates deals with a lot of such cases are in a position to provide borrowers the best advice which will protect them and the interests that they have.

There is the situation of “foreclosure by court action” this involves the right that the borrower has to foreclose the loan under the supervision of the court to protect themselves. Here the court will supervise the sale or auction of the real estate and pay the lender of the loan what is due to them after legal expenses. In addition to this the borrower of the loan would also require under due process to justify to the court the motivations for such actions.

The best course of action of course is to consult with a good lawyer who is able to provide you with the information that you really require based on the circumstances that surround your property. For more information regarding foreclosure and the laws that govern them you can check the website of Mitchell Reed Sussman & Associates.

More information about foreclosure, its processes and defenses can be found at www.palmspringslitigationattorney.com.

Contact Us Today

Find out how we can assist you in any Real Estate, Timeshare, Foreclosure, Specific Performance, Title Disputes and Construction situation.

Call 1-800-233-8521 or
Fill Out the Form

Thank you for contacting us! We will get back to you shortly.

Joint Tenancy Deed

The Joint Tenancy Deed

There are a number of laws that govern joint ownership or joint tenancy of any property and these have a lot to do with the circumstances of any such contract.

This is a law that was inherited from the British law and continues till date. There are certain rights and privileges that joint tenants enjoy that makes this one of the best options that is available.

There are differences in a joint tenancy and a title in common; one of those major differences is that a joint tenancy transfers title upon the death of any of the joint owners automatically upon death. This is a good option, for those who are interested in transferring the rights of their home or the property to a spouse or other partners.

A will or other form of legal document cannot over rule the binding laws that govern the joint tenancy of a property. When one of the owners of the property dies the remaining share of the deceased is automatically transferred to the remaining parties. This ensures that the remaining owner gets the entire share of the deceased.

When the property has only one owner he or she can make a will in regards to the further allocation of the property after their death. However this is only applicable in the case of the last owner of the property when there is no longer a joint title in place.

A joint ownership can be between two or more people, who have agreed to share the ownership of a piece of real estate based on the requirements of the home owners. The legal procedure regarding the death of a tenant is processed based on a death certificate and also an affidavit based on the facts.

There are a lot of other advantages that are also associated with joint tenancy of a property. One of those is that the survivor does not need to go through court proceedings and other expensive time consuming processes to transfer the property into their names.

Advantages such as this make this the perfect option for those that are interested in owning a home together for the rest of their lives, and for those who would wish for their heirs to automatically inherit their shares without much trouble. For more information regarding joint tenancy of a property it would be advisable to check the website of Mitchell Reed Sussman & Associates.

Right to View

Right to View

Does a property owner have a "right to a view"? To what extent? What limitations, if any, does any such right have? Where does such a right, if any, stem from?

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When buying a home, or a piece of property for which to build a home, the view – that is, what one sees when looking out the window - is often touted as one of the big selling points. This often, if not always, has a direct effect on the price of the property.

 

As such, properties with an appealing view typically sell for much higher amounts than properties without a view, or properties with an unappealing view. However, although buyers pay more for a view, this high value aspect is not part of what is being purchased.

There is no provision in either Federal or California state law protecting “the view” of a property. This has been reinforced by California case law which holds landowners have no right to an unobstructed view over adjoining property (see Posey v. Leavitt, 229 Cal.App.3d 1236; Venuto v. Owens-Corning Fiberglas Corp., 22 Cal.App.3d 116). 

“As a general rule, a landowner has no natural right to air, light or an unobstructed view and the law is reluctant to imply such a right. Such a right may be created by private parties through the granting of an easement or through the adoption of conditions, covenants and restrictions ... or by the Legislature.” Pacifica Homeowners' Assn. v. Wesley Palms Retirement Community, supra, 178 Cal.App.3d 1147 1152, 224 Cal.Rptr. 380.

Although the state and federal government will not uphold the right to “a view”, there may be protections available to property owners under local law, or under provisions in their property deeds, including in the covenants and governing documents for developments and homeowners associations. 

Some cities have adopted ordinances to provide protection of views for property owners. An example of this can be found in Newport Beach Municipal Code 20.30.100 - Public View Protection. These protections are often codified in the local laws of cities that have ocean views.

 

Those ordinances, however, often only apply to the construction of an obstacle (such as a deck or a tall fence) blocking a neighboring property’s view, and do not apply to natural obstacles (such as tall trees). 

A more direct legal protection can be found in an “easement” between neighboring properties. An easement creates an enforceable agreement by and between owners of neighboring properties, protecting “the view” regardless of any local ordinances. This agreement functions as an enforceable contract by and against any current or future owner of any of the neighboring properties. If such an easement does not already exist, such an easement can be created by purchasing the right of easement from the owners of neighboring properties.

Functions of CA Dept of Real Estate

Functions of the California Department of Real Estate

The California Department of Real Estate (CalDRE) focuses on safeguarding and promoting the public interest in real estate matters.

 

The CalDRE achieves this purpose through the regulation and oversight of real estate agents’ and brokers’ licenses, registration, education, and enforcement.

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The CalDRE’s Mission Statement affirms that the organization is “structured with core values that promote independence and balance between its two distinct mission responsibilities. These values preserve the integrity of operational obligations, ensure coordination and cooperation between the operating programs, engage Department stakeholders, and foster an environment that supports the professional development of its staff.”

The head of the CalDRE is the Real Estate Commissioner, who serves as the chief executive of the CalDRE and is appointed by the Governor of California. The CalDRE has locations throughout California, in Fresno, Los Angeles, Oakland, Sacramento, and San Diego.

The CalDRE regulates real estate licenses, regulating real estate education, processing exam and license applications, administering real estate licensing exams, collecting licensing fees, and protecting real estate consumers.

 

This includes the issuing and renewal of real estate licenses for both salespeople and brokers. In addition, the CalDRE provides resources to consumers and the general public, including online verification of a real estate license and licensee information, assistance with dispute resolution, consumer alerts, tips to prevent real estate identity theft, and information about local subdivisions. The CalDRE also reviews and investigates complaints submitted by consumers.

The CalDRE regulates timeshares in California, subject to the Vacation Ownership and Time-Share Act of 2004 (Bus. Prof. Code § 11210 et. seq.). Specifically, the CalDRE exercises oversight over all timeshare interests (both deeded property timeshare interests and points-based membership timeshare interests) sold in the state of California, as well as timeshare interests in other states that have been marketed and sold to residents of California.

 

This would include, for example, a timeshare purchase by a California resident in another state which was the result of a written or oral communication (such as a flyer in the mail or a phone call) encouraging that California resident to attend an out-of-state timeshare sales presentation.

The CalDRE empowers the Real Estate Commissioner “with the responsibility of assuring that purchasers of time-share interests receive everything for which they bargained.”

 

For instance, the CalDRE, pursuant to Business & Professions Code Section 11234, requires all timeshare developers selling in California and marketing to California residents to create a Public Report, which requires the timeshare developer to disclose certain facts and information about the particular timeshare development – such as the total number of rooms at the property or the amount of points required to book a certain destination at a given time of year – to the general public.

 

Timeshare developers regulated by the CalDRE must submit a copy of their Public Report for review and approval by the CalDRE. A copy of this Public Report must be provided to all timeshare buyers in California and California residents purchasing out-of-state timeshare interests prior to signing the timeshare purchase contract.

ENDORSEMENTS

Mitchell Reed Sussman & Associates Endorsements

As you can see from the peer endorsements below, our proven legal services can help you with Real Estate, Bankruptcy, Foreclosure, Construction and Business Litigation Matters.

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CONTACT

CONTACT

Palm Springs Litigation Attorneys

Contact us today to find out how we can assist you in any Real Estate, Timeshare, Foreclosure, Specific Performance, Title Disputes and Construction situation.

Thank you for contacting us! We will get back to you shortly.

Palm Springs, CA Office

1053 S Palm Canyon Dr.

Palm Springs, CA 92264

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