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Court of Appeal Confirms that Laborers and Materialmen Have Priority over Construction Lenders to Funds Used to Develop the...

A California Court of Appeal recently ruled that a construction lender must make available to stop notice claimants those amounts which the lender has already disbursed to itself on the construction loan. (Brewer Corp. v....more

2/17/2014 - Construction Contracts Construction Loans Contractors Debt

Contract Provision for Judicial Reference May be Enforced Even Though Provision Does Not Specifically State Right to Jury is...

California law provides that parties to a contract may agree to use alternative dispute resolution methods, such as arbitration and judicial reference, to resolve contract disputes. A recent California appellate court...more

9/23/2013 - Contract Interpretation Enforcement Judicial Reference Right to a Jury Waivers

Lender Prevails in Lawsuit Against Borrower Who Agreed to Remain Liable for Home Equity Loan After Short Sale

A lender who held a second deed of trust on real property agreed to a short sale of the property after the borrower agreed to remain obligated to repay the balance of the home equity loan. The court of appeal upheld the...more

8/22/2013 - Borrowers Home Equity Lenders Liability Loans TARP

Tenant Evicted Without Proper Notice After Bank Foreclosure Does Not Have a Private Right of Action to Bring a Lawsuit Under the...

In Logan v. U.S. Bank National Association (--- F.3d ----, C.A.9 (Cal.), July 16, 2013), the Ninth Circuit Court of Appeals considered whether a tenant evicted from a foreclosed property could bring a lawsuit against the...more

8/19/2013 - Eviction Foreclosure Notice Requirements Private Right of Action Protecting Tenants at Foreclosure Act Tenants

Supreme Court Update: A Claim of Unlawful Business Practice Brought Under California’s Unfair Competition Law May Be Based on...

In Rose v. Bank of America (--- P.3d ----, Cal., August 1, 2013), the California Supreme Court considered whether a consumer could bring an action for unlawful business practices under state law, for violations of federal...more

8/16/2013 - Bank of America Damages Private Right of Action Truth in Savings Act Unfair Competition

The Anti-Deficiency Protections of Code of Civil Procedure Section 580b Apply to “Short Sales” Approved by Lenders

A California Court of Appeal recently addressed the issue of whether the anti-deficiency protections of Code of Civil Procedure (“CCP”) section 580b applied after a borrower, with her lender’s approval, sold her residence in...more

8/16/2013 - Borrowers Lenders Loans Rules of Civil Procedure

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