Davis-Stirling: Partial Payments Reducing Assessments Must Be Accepted
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Homeowners associations must accept partial payments that reduce assessments. Continue reading
Search Results for: foreclosure
Wrongful Foreclosure: 5 Insufficient Factual Allegations
Five factual allegations which do not invalidate a recorded Notice of Default and are insufficient to enjoin a pending trustee’s sale pursuant to a deed of trust. Continue reading
Nonjudicial Foreclosure: Preemptive Actions Dissallowed
Trustors may not delay the nonjudicial foreclosure process by pursuing preemptive judicial actions which challenge the authority of a foreclosing beneficiary or beneficiary’s agent. Continue reading
Wrongful Foreclosure; Temporary Loan Modification; Void Sale: Tender Not Required
A wrongful foreclosure case was allowed to proceed where the borrower complied with all the terms of the temporary loan modification and timely signed and returned the loan modification agreement. Continue reading
Protecting Tenants at Foreclosure Act: No Private Right of Action
No private right of action exists under the Protecting Tenants at Foreclosure Act of 2009 .The Act is intended to provide a defense to tenants in eviction proceedings – it cannot be used offensively. Continue reading
Borrower May Challenge Securitized Trust’s Ownership
Borrower may challenge a securitized trust’s claim to ownership of the deed of trust by alleging the attempts to transfer the deed of trust to the securitized trust occurred after the trust’s closing date. Continue reading
Davis-Stirling: Foreclosure Notice Requirements are Strictly Construed
Notice requirements under the Davis-Stirling Common Interest Development Act must be strictly construed to create a valid lien. Only valid liens may be recorded and subsequently foreclosed. Continue reading
Antideficiency Protections Under 580b, 580d, and 580e Amended and Clarified
Antideficiency prohibition extends only to the borrower and the borrower’s non-encumbered assets — not to 1) guarantors, pledgors, or other sureties; or, 2) that might be satisfied from other collateral pledged to secure the obligation. Continue reading
580b Purchase Money Antideficiency Protection Applies to Short Sales
The antideficiency protection of Code of Civil Procedure 580b applies to all purchase money loans. They apply to nonjudicial foreclosures, judicial foreclosures, and short sales. The protection cannot be waived. Continue reading
Failure to Provide Notice of Redemption Rights May Void HOA’s Nonjudicial Foreclosure
A debtor is excused from complying with the tender requirement where the nonjudicial foreclosure is subject to a statutory right of redemption and the trustee has failed to provide the notice required under Code of Civil Procedure section 729.050. Continue reading
