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  • DIRECTORY

Real Estate & Foreclosure

Real Estate transactions and foreclosures can be confusing.  An attorney specializing in real estate can help you navigate through this diverse business. 

Contact a Referral Specialist

Glossary of Legal Terms

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Key Terms and Issues in Real Estate Law

  • Covenants, Conditions and Restrictions
  • The covenants, conditions and restrictions (CC&Rs) are the governing documents that dictate how the homeowners association operates and what rules the owners, their tenants and guests must obey. These legal documents might also be called the bylaws. These documents and rules are legally enforceable by the homeowners association, unless a specific provision conflicts with federal, state or local laws.

  • Commercial Leases & Disputes
  • A commercial lease is a type of lease designed to be used when leasing property used primarily for a business. This type of lease also covers items such as security deposits, taxes, expenses and obligations for repairs, plus construction of the premises to be leased.

  • Quit-Claim Deeds
  • A deed that transfers whatever interest or title a grantor may have, without warranty.

  • Transfer Trust Deed
  • A Deed of Trust involves a lender, borrower and trustee. The lender gives the borrower money in exchange for the borrower signing a promissory note secured by a deed of trust. The deed of trust is recorded against the borrower’s property as a lien, and if the borrower defaults on the loan, the lender or trustee can take full control of the property by foreclosure or other means.”

    This document is used in some states instead of a mortgage. Title is conveyed to a trustee rather than to the borrower. The trustee is an individual or organization that holds or manages and invests assets for the benefit of another.

  • Homeowners Association (HOA)
  • Homeowners associations are formed and exist for the primary purpose of managing or operating land and improvements within a subdivision for the benefit of the association members.

  • Easements, Encroachments & Trespass
  • An easement is the right to use the land of another owner (or the right to prevent another property owner from using his or her land) for a special purpose.

    An encroachment is a building structure, fencing, or landscaping that goes beyond a property line onto another’s property without permission.

  • Title Issues / Boundary / Property Line Disputes
  • Title issues arise when there are documents recorded against your property that you were not aware of or that need to be removed before you can sell the property to a potential buyer.

    Boundary line disputes arise when landowners have a disagreement or uncertainty as to the exact location of the boundary lines between adjoining properties.

  • Foreclosures and Notices of Default
  • The legal process by which an owner’s right to a property is terminated, usually due to default. This typically involves a forced sale of the property at public auction, with the proceeds being applied to the mortgage debt.

  • Unlawful Detainer
  • An unlawful detainer is an eviction lawsuit filed by a landlord when a tenant fails to pay rent, refuses to comply with lease obligations, or refuses to leave the leased premises upon termination or expiration of the lease term.

What to Ask Your Lawyer?

  • What should I know before buying property in California?
  • How much guidance do I need from an attorney during the financing process?
  • Do you specialize in commercial real estate?

Disclaimer: The information on this page is to aid your general understanding of general law issues and terms. This information does not constitute legal advice and should not be depended upon for that purpose. Laws are constantly changing and may at any time render the information found here invalid, so you will want to do further research on your own. For legal advice, consult an attorney. If you need a referral to an attorney, contact the SDCBA’s Lawyer Referral and Information Service at www.sdcba.org/ineedalawyer.

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Resources

  • CA Department of Consumer Affairs Bureau of Real Estate
    • The California Department of Real Estate
    • California Department of Business Oversight
  • State Bar of California: Housing Information
  • San Diego Law Library
  • Issues with your attorney's bill?

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