Alejandro E. Moreno

Alejandro E. Moreno

Sheppard Mullin Richter & Hampton LLP

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No Change Of Position, No Estoppel

Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of...more

1/12/2015 - Appeals Forbearance Agreements Foreclosure Mortgage Lenders Promissory Estoppel Statute of Frauds Trustee Sales Wachovia

California Court Holds That Borrowers May Enjoin A Foreclosure If A Lender Fails To Meet Servicing Guidelines

In Pfeiffer v. Countrywide Home Loans, --- Cal.Rptr.3d ----, 2012 WL 6216039 (Dec. 13, 2012), mortgage borrowers filed a damages claim against a trustee for violating the federal Fair Debt Collection Practices Act (“FDCPA”)...more

2/5/2013 - Borrowers FDCPA Foreclosure Injunctions Mortgages Servicing Policies

California Homeowner Bill of Rights: A New Mortgage Law For The New Year

The California Homeowner Bill of Rights (“HBR”) goes into effect on January 1, 2013. The HBR revamps California’s non-judicial foreclosure statutes granting borrowers additional rights. It was designed to correct perceived...more

12/12/2012 - Foreclosure Homeowner Bill of Rights Mortgages

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