Edward Lewis Blum’s Answers

Edward Lewis Blum

Berkeley Commercial Real Estate Attorney.

Contributor Level 7
  1. Trust vs LLC, which is better to protect my rental properties?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Michael Raymond Daymude
    3. Shaun K. Boss
    4. Edward Lewis Blum
    5. Abraham Thomas Schwager
    5 lawyer answers

    Adding to the previous answers, all of which are good ones, the only reason that you would consider a trust, again, is to utilize its value as a way of managing and disposing of assets during your lifetime and beyond. By using a trust, you avoid probate, which can be quite expensive, since the costs of probate are based on a small percentage of the then current fair market value of the assets being probated. Not knowing the facts, I can only speculate that the probate costs in your situation...

    5 lawyers agreed with this answer

  2. My real estate agent found a buyer immediately - his mother

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Christine C McCall
    3. Edward Lewis Blum
    4. Richard Alan Rodgers
    5. Kurt Duane Elkins
    6. ···
    7 lawyer answers

    Your agent has a fiduciary duty to act in your best interests. The facts that you gave are not complete. I agree with the attorney whose response indicates that there is no conflict of interest, though I question whether the agent discharged his duty to you by failing to place the property on the market knowing that his mother would like to make an offer. On its face, it appears that the agent was favoring his mother's desire to purchase the property below market, thereby raising the question...

    5 lawyers agreed with this answer

  3. We purchased a home 7.5 years ago and have found a few large cracks in the foundation. Can we sue the sellers for the repair?

    Answered about 1 year ago.

    1. Edward Lewis Blum
    2. Frank Wei-Hong Chen
    2 lawyer answers

    In order to state a claim, you must be able to allege all of the elements for non-disclosure, intentional and/or negligent. You have to plead around the 3-yr statute of limitations for intentional non-disclosure and the 2-yr statute for negligent non-disclosure. Your problem is that the statute for negligence started to run when you purchased; so you are out of court on that theory. However the intentional non-disclosure limitations "tolls" or is postponed until you learn or should have...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My wife's name is the only name on the title of our house can she sign it over to her son to keep me from getting half of it?

    Answered about 1 year ago.

    1. Edward Lewis Blum
    2. Robin Mashal
    3. Janet Spiro Martin
    3 lawyer answers

    Lis pendens now requires a lawsuit as well. If there is no disso action yet, you can start one and use that caption and case number

    Selected as best answer

  5. Can an HOA decline a request to install surveillance cameras?

    Answered about 1 year ago.

    1. Edward Lewis Blum
    2. Thomas Patrick Quinn Jr
    3. Stuart Gregory Steingraber
    4. Celia R Reed
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    I think the HOA is under no legal duty to install surveillance cameras unless you can show that this the current "standard of care" to protect similar properties. Even then it would require you to show that the camera would prevent break-in's. were it my unit, I would spend money on interior alarms

    3 lawyers agreed with this answer

  6. If two people buy a house & both hold the deed, then one buys the other person out does this trigger a reassessment and taxes?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Edward Lewis Blum
    3. Bruce Givner
    3 lawyer answers

    Parent-child transfers can be exempted from reassessment under R & T 63 and 64. Check with an attorney or accountant, or the County Recorder's Office in your county

    3 lawyers agreed with this answer

  7. Recourse or non recourse?

    Answered 3 months ago.

    1. Edward Lewis Blum
    2. Edward C. Koons
    2 lawyer answers

    The devil is in the details. The key to whether this is a true purchase-money loan is the intent of the lender at the time the loan was made, evidenced by all of the facts and circumstances surrounding the loan at that time. So, to be certain that you have a purchase-money loan, the following facts should be established: 1. when you applied for the loan, you had yet to close escrow to the property. 2. also, when you applied for the loan, your stated purpose on the loan app was to use the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can a HELOC loan (line of credit) against which I have repaid and borrowed come after me after they approve short sale in CA?

    Answered about 1 year ago.

    1. Edward Lewis Blum
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Code of Civil Procedure Sec. 580e is intended to apply to all junior lienholders that participate in a short sale, on the sale of 1-4 residential units secured by the loan in question. The section would bar a subsequent deficiency action for the balance, assuming you meet all the elements required under that section. Get legal advice now. Big caveat: you may have a tax problem (ordinary income tax on the amount of the debt forgiveness). So, you should also consult your tax advisor before...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My landlord has given me 30 day notice to increase my rent starting in June. Problem is I started renting in September.

    Answered over 1 year ago.

    1. Edward Lewis Blum
    2. Robin Mashal
    3. Michael Raymond Daymude
    3 lawyer answers

    Do you have a written rental agreement? If so, is it month to month or for a fixed period? If you have a written agreement, does it provide for rent increases? If you have nothing in writing with the landlord, then the likely result is that you renting under an oral month to month agreement, though there can be other oral agreements for up to 1 yr. The terms of any agreement need to be known to answer your question properly; however if all you have is an oral month to month agreement with no...

    2 lawyers agreed with this answer

  10. Under California UFTA, can the transfer of real estate to a bona fide purchaser (BFP) be avoided?

    Answered over 1 year ago.

    1. Edward Lewis Blum
    2. Frank Wei-Hong Chen
    3. Michael T Millar
    3 lawyer answers

    If you want an attorney to do research and provide you a written opinion, then hire one. You are missing the point of Avvo. No one is going to assume that risk without compensation. It is the equivalent of issuing an insurance policy without charging a premium. And it seems to me that someone living in San Clemente can afford a lawyer.

    2 lawyers agreed with this answer

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