Real Estate Litigation
The Firm’s real estate attorneys have represented virtually every segment of the Southern California community in its commercial real estate needs. Whether in acquisition, leasing, financing, compliance, entitlements, public finance or disposition, the Group has a depth of experience in representing public entities, developers, tenants, mobile home parks, lenders and investors. In addition to transactions, the Group’s attorneys frequently represent clients in connection with foreclosures, receivers, bankruptcies, tax appeals, land use and environmental litigation as well as disputes between property owners and with brokers and other professionals. We have no doubt that you’ll find a great real estate attorney San Diego residents trust on our team.
Higgs Fletcher & Mack has earned a reputation of the highest professionalism among the escrow and title companies serving Southern California as well as the respect of the counties and cities in the region.
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Rolling Tenancy in Common Agreements into Limited Liability Companies
Are you involved in a TIC real estate program? My name is Mike Jones and I’m a transaction partner here in the real state in corporate groups. Tenants in Common ownership programs, called TICs, were a very popular structure for 1031 real estate exchanges. Many of these TICs are now looking to refinance their real estate. However, most lenders no longer are willing to loan to TICs. The solution is to transform the TIC into an LLC. We have experience in these TIC rollups and we’ll be glad to discuss with you.
New California Limited Liability Company Act
On January 1, 2014 the California Revised Uniform LLC Act will go into effect and will significantly change the laws on how California LLCs are operated. For example, the Act will limit how an operating agreement can define, alter and eliminate the fiduciary duties of members and managers. In addition, it will restrict how and when an LLC can indemnify its members and managers. It´s important to know that there is no opt in or opt out of this act and it will apply to all LLCs. Now it is time to plan ahead and determine how this Act will impact your business.
Personal Liability under a Guarantee
Clients are often mistaken regarding personal liability under a guarantee following a non-foreclosure sale, believing that California´s anti-deficiency laws protect them. This is generally not the case. A guarantor should not assume that they are protected from personal liability under California´s anti-deficiency laws. Rather, they should consult with competent counsel prior to signing a guarantee.