Trustee’s Mistake in Opening Bid Amount Justified Refusal to Deliver Deed
Trustee’s mistake in amount of opening credit bid at nonjudicial foreclosure sale justified trustee’s refusal to deliver deed to successful bidder. Continue reading
Trustee’s mistake in amount of opening credit bid at nonjudicial foreclosure sale justified trustee’s refusal to deliver deed to successful bidder. Continue reading
Short sale antideficiency protection of Code of Civil Procedure 580e is not applied retroactively. Continue reading
A homeowners association may record a lien for delinquent assessments. The lien may then be enforced through the nonjudicial foreclosure process applicable to powers of sale in mortgages and deeds of trust. Continue reading
A lender is required to offer a good faith permanent modification to a borrower consistent with HAMP guidelines upon successful completion of a temporary modification by the borrower. Continue reading
The plaintiffs could seek to enjoin the lenders from proceeding with a nonjudicial foreclosure based upon the lenders’ failure to perform a HUD servicing requirement, i.e., a face-to-face interview. Continue reading
A loan servicer, that has been assigned the right to foreclose, may file a judicial foreclosure action in its own name. Continue reading
If you purchase real property at foreclosure, you might just buy yourself a lawsuit and nothing more. Continue reading
Civil Code Section 2923.5 creates a private right of action which can be pursued by homeowner in a wrongful foreclosure lawsuit. Continue reading
Summary of California’s present and impending anti-deficiency statutes. Continue reading
A written settlement agreement, wherein the parties intended to modify the terms of a promissory note given to the seller to secure payment of part of the purchase price, is a modification of the note, not a separate obligation. Continue reading