Karl Geier | Miller Starr Regalia

As a shareholder, Karl advises and represents commercial, industrial, and residential clients in a wide range of complex real estate transactions. He is widely published and is the Editor-in-Chief and a principal author of Miller Starr Regalia’s treatise Miller & Starr, California Real Estate 4th, and the related periodical, Miller & Starr, California Real Estate Newsalert.

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Biography

Karl E. Geier is a shareholder in Miller Starr Regalia’s Walnut Creek office. For nearly forty years, his practice has focused on all aspects of complex real estate transactions, land development, and financing. Karl counsels and represents developers, financial institutions, public entities, significant operating companies, and investors in a wide variety of matters associated with the acquisition, development, construction, marketing, and disposition of substantial residential, commercial, and industrial projects, including land use and zoning matters.

A substantial portion of Karl’s practice involves the representation of banks and other institutional lenders in construction and permanent financing, including loan documentation, negotiation and workouts, consultation on lending practices and regulations, and foreclosure and enforcement of remedies against borrowers and guarantors.

For the past ten years, Karl also has been the Editor-in-Chief and a principal author of the firm’s twelve-volume treatise, Miller & Starr, California Real Estate 4th, and the related periodical, Miller & Starr, California Real Estate Newsalert, both published by Thomson-West.

His land use work includes the representation of developers in planning, zoning, and subdivision processes. He regularly consults on land use and CEQA litigation, foreclosure and related creditors remedies, and other real estate-related litigation and has been engaged as an expert witness in a variety of real property and related disputes.

Education

J.D., University of California, Berkeley Boalt Hall School of Law (1978)

Managing Editor, Ecology Law Quarterly

A.B., Political Science, summa cum laude, University of California, Los Angeles (1975)

Associations

American Bar Association – Real Property, Probate and Trust Law and the Business Law Sections

California Bankers Association

East Bay Leadership Council – Board of Directors

State Bar of California – Real Estate and Business Law Sections

Awards & Recognition

Martindale-Hubbell – AV Preeminent Rated (1995 – 2019)

Super Lawyers Northern California (2006 – 2021)

Best Lawyers® – Banking and Finance Law (2009 – 2022)

Publications

THE BOOK: Miller & Starr, California Real Estate

Editor-in-Chief of Miller & Starr, California Real Estate 3rd, 2008 – 2014

Editor-in-Chief of Miller & Starr, California Real Estate 4th, 2015 - present

Author or Co-Author of Miller & Starr, California Real Estate 4th chapters:

Chapter 1. Contract Law Applicable to Real Estate Transactions
Chapter 2. Specific Contract Provisions and Disclosure Requirements
Chapter 3. Agency and Broker Liability
Chapter 4. Regulation and Licensing of Real Estate Professionals and Appraisers
Chapter 5. Real Estate Brokers' Contracts and Compensation
Chapter 7. Title Insurance
Chapter 8. Deeds and Descriptions
Chapter 9. Transferable Property Interests; Fixtures
Chapter 10. Recording and Priorities
Chapter 12. Estates; Restraints; Perpetuities
Chapter 13. Deeds of Trust and Mortgages
Chapter 14. Guarantors and Sureties in Real Property Secured Transactions
Chapter 16. Covenants, Equitable Servitudes, and Other Restrictions
Chapter 21. Land Use, Planning and Zoning Regulation
Chapter 22. Dedication
Chapter 25. Building Codes, Permits, and Enforcement
Chapter 27. Mobilehomes, Manufactured Housing and Mobilehome Parks
Chapter 28. Common Interest Developments
Chapter 29. Subdivision Offerings, Sales, and Leasing
Chapter 34. Landlord and Tenant
Chapter 35. Lenders' Liability
Chapter 36. Regulation of Residential Mortgage Loan Origination and Servicing
Chapter 37. The Law of Usury
Chapter 43. Homesteads and the Automatic Residential Exemption

Periodicals

"No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach,” Miller & Starr, California Real Estate Newsalert, Volume 28, No. 1, September 2017

“Going for the Capillaries: Legislative Tinkering with California Planning and Zoning Laws to Address the Housing Shortage,” Miller & Starr, California Real Estate Newsalert, Vol. 27, No. 4, March 2017

“Decision Shakes Up Dual Agency Rules for Brokerages,” Daily Journal, December 7, 2016

“Here We Go Again: The Vicissitudes Of Public Policy And Guarantor Liability For California Real Estate Loans”, Miller & Starr, California Real Estate Newsalert, Vol. 26, September 2015

“All Shook Up: California’s Fragmented Earthquake Safety, Seismic Safety Upgrade and Seismic Hazard Disclosure Laws,” Miller & Starr, California Real Estate Newsalert, Vol. 25, November 2014

“’Good’ Bad Faith vs. ‘Bad’ Bad Faith: Equitable Principles and the Doctrines of Adverse Possession and Prescription,” Miller & Starr, Real Estate California Newsalert, Vol. 24, co-authored with W. Scott Shepard, January 2014

“Show Me Your Papers: Sales and Assignments of Secured Real Estate Loans and the California Foreclosure Process (Part II),” Miller & Starr, California Real Estate Newsalert, Vol. 22, March 2012

“Show Me Your Papers: Sales and Assignments of Secured Real Estate Loans and the California Foreclosure Process (Part I),” Miller & Starr, California Real Estate Newsalert, Vol. 22, January 2012

“Residential Mortgage Relief for Homeowners and Tenants: State and Federal Legislative Responses to the Foreclosure Crisis,” California Real Property Journal, Vol. 28, 2010

“Loan Carve-Outs for Nonrecourse Financing,” Commercial Mortgage Insight, July 2009

“Leasehold Financing Demands Particular Protective Provisions,” Commercial Mortgage Insight, January 2009

“The Perata Foreclosure Bill (SB 1137): New Rights for Defaulting Borrowers and Tenants; New Complications for Foreclosing Lenders,” Miller & Starr, California Real Estate Newsalert, Vol. 19, September 2008

“Assessment Liens and Foreclosure in Common Interest Developments,” Miller & Starr, California Real Estate Newsalert, Vol. 16, January 2006

“Escrow Holder Does Not Owe Duty to Third Parties,” San Francisco Daily Journal, May 2002

“Fee Simple: Lenders Faced with Stop Notice May Retain Accrued Interest and Charges,” Los Angeles Daily Journal, June 1999

“Due-on-Sale Clauses under the Garn-St. Germain Depository Institutions Act of 1982,” University of San Francisco Law Review, Vol. 17, 1982-1983

“Agricultural District and Zoning: A State-Local Approach to a National Problem,” Ecology Law Quarterly, Vol. 8, No. 4, March 1980

Speeches & Presentations

“Foreclosures and Loan Modifications in the New Year: Foreclosure and State Litigation Response to the Foreclosure Crisis,” Contra Costa Bar Association, January 2009

“What to Do When the Developer’s Lender Calls,” California Redevelopment Association Legal Issues Symposium, August 2007

“Common Pitfalls in California Real Estate Secured Transactions,” California Banker’s Association Bank Counsel Seminar, April 2003

Various presentations to public boards and legislative bodies and to client groups.

Related News

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Miller & Starr Newsalerts

January 5, 2022

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19 So Not Covered By Standard Commercial Property Insurance

Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the COVID-19 pandemic cannot look to their property insurance carriers to cover the lost business income.

Miller & Starr Newsalerts

October 29, 2021

The New Provisions For Multiple-Unit Housing In Single-Family Zones: The “End Of Single-Family Housing” Or Just Another Minimally Effective But Overcomplicated Effort To Address The Deficit Of Afforda

On September 16, 2021, Governor Newsom signed two bills that take effect on January 1, 2022, and are intended to foster more intensive residential development in existing single-family zoned areas.

Miller & Starr Newsalerts

September 16, 2021

Keep Out And Stay Out: The Cedar Point Decision And The Landowner’s Sine Qua Non Right To Exclude Others (Maybe Sometimes Even A Government Official)

The latest United States Supreme Court decision in the contested ground of Fifth Amendment takings law, Cedar Point Nursery v. Hassid, is yet another chapter in the long-standing argument regarding the distinction between “regulation” of the use of private property by its owner, and “physical invasion” or “appropriation” of property by the government.

In The News

August 19, 2021

Miller Starr Regalia’s Wilson Wendt Named “Lawyer Of The Year” – Real Estate Law (Oakland) By Best Lawyers In America © Wendt And Nine Other MSR Attorneys Receive Best Lawyers Recognition

Miller Starr Regalia (MSR), a preeminent California real estate law firm for more than 50 years, is pleased to announce that Wilson Wendt, a land use shareholder, has been selected as “Lawyer of the Year” in Oakland Real Estate Law in The Best Lawyers in America 2022©. In addition, Wendt and nine other MSR attorneys were selected for inclusion in the 2022 edition of The Best Lawyers in America©. Six MSR attorneys have been recognized for at least 10 years.