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A real estate license must be obtained from the DRE in order to engage in the real estate business and to act in the capacity of a real estate broker or salesperson within the State of California. Before applying for a license, all education and experience requirements mandated by the Department must be fulfilled. [ 5 ]
Nevertheless, in an illiquid real estate market or if real estate prices drop, the property being foreclosed could be sold for less than the remaining balance on the primary mortgage loan, and there may be no insurance to cover the loss. In this case, the court overseeing the foreclosure process may enter a deficiency judgment against the ...
Properties that can be confiscated include real estate property such as a house or motel, cars, cash, jewelry, boats, and almost anything [15] suspected of being related to the manufacture and sale and transportation of illegal controlled substances, such as: controlled substances [22] raw materials needed to make them [22] containers to hold ...
A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring their interest in the property. Under the common law such restraints are void as against the public policy of
In order to be considered a deed in lieu of foreclosure, the indebtedness must be secured by the real estate being transferred. Both sides must enter into the transaction voluntarily and in good faith. The settlement agreement must have total consideration that is at least equal to the fair market value of the property being conveyed. Sometimes ...
Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
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A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction. In personum actions are against the owner of property, whereas in rem actions are taken directly against the object. In rem forfeiture actions may lead to unusual or even comedic case names, such as United States v.