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Gary Ginsberg

Prescriptive easement shows in the record

According to latest on discussed Danville,CA prescriptive easement of backyard sewer main, my source at Landamerica Commonwealth informs me the CCCSD resolution amendment indeed shows in the public record on each of the listed parcel #'s. I have not personally confirmed this but if true my thank you to the responsible parties at CCCSD.

I don't really know if my letter to First American precipitated this chain of events. I do know that the positive results were achieved without lawyers or acrimony. CCCSD acted as a responsible party within the constraints of the situation.

Prescriptive easements are grey area in real estate. No public record usually exists of these easements, even when it's a sewer main in the backyard when most sewer mains are at the street. This amendment in the public record should now inform potential buyers of this very real compromise of property value and utility.

Gary Ginsberg
Realtor
Danville,CA

gary@garyginsberg.com

888 893 8595

Short sales and recourse status

I looked at the web discussions about recourse and non-recourse loans and then opened the textbook. Purchase money loans are non-recourse..even if junior lien. Subsequent loans and refis not protected by anti-deficiency measures.

The big gap in textbook and discussion on web.. 80/20 purchase money scenario that used a credit card type HELOC as the second purchase money loan. Is the HELOC recourse in this situation if the 1st position lender forecloses non-judicially?

My query regaards CA only.