Interesting California Civil Codes

Interesting California Civil Codes

By Daniel Edstrom
DTC Systems, Inc.

Those who haven’t read these should read through them for educational purposes.

California Civil Code Selections

1044

Property of any kind may be transferred, except as otherwise provided by this Article.

1045

A mere possibility, not coupled with an interest, cannot be transferred.

1046

A right of reentry, or of repossession for breach of condition subsequent, can be transferred.

1047

Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

1054

A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.

1056

A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.

1057

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow. Continue reading "Interesting California Civil Codes"

Homeowner Taxpayers are Third Party Beneficiaries of HAMP

Homeowner Taxpayers are Third Party Beneficiaries of HAMP

By Daniel Edstrom
DTC Systems, Inc.

Georgia judge provides colorful order denying motion to dismiss against US Bank.  Phillips asserts that compliance with HAMP is a condition precedent to foreclosure.

http://dtc-systems.net/wp-content/uploads/2011/11/Phillips-vs-US-Bank-Homeowners-are-3rd-Party-Beneficiaries-of-HAMP.pdf