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Under Well Established California Law, Judgment In Favor Of Borrower In A Lawsuit Brought To Foreclose A Mechanic's Lien After...

The issue before the Second District Court of Appeal ("Appellate Court") in this published opinion was whether a senior trust deed holder loses its priority lien position after accepting a deed in lieu of foreclosure from its...more

7/16/2014 - Appeals Deed-in-Lieu of Foreclosure Foreclosure Mechanics Lien Mortgages Non-Judicial Foreclosures Senior Lenders Trust Deeds

Court Of Appeal Affirms Dismissal Of Action Against Numerous Financial Institutions Alleging Mortgage And Deed Of Trust On...

Pro Se Plaintiff Yvanova sued a number of financial institutions after her residence was nonjudicially foreclosed alleging one cause of action to quiet title to her residence in herself. Among other things, Plaintiff alleged...more

6/12/2014 - Action to Quiet Title Deed of Trust Dismissals Foreclosure Mortgages

Bank's Decision To Draw From Letter of Credit Does Not Extinguish Entire Debt Because Debt Was Clearly Not Paid In Full

In this breach of commercial guaranty decision, the Court of Appeals reversed the trial court's grant of a motion for nonsuit in favor of the guarantors. The basis for the reversal was that the lender's draw on a letter of...more

6/12/2014 - Banks Breach of Warranty Collateral Guaranty Claims Loans

Fees Associated With Foreclosure Process May Not be Imposed On Servicemembers Protected By The Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act ("SCRA") prohibits nonjudicial foreclosure proceedings during, or one year after, a servicemember's military service. In Brewster v. Sun Trust Mortgage Inc., 742 F.3d 876 (9th Cir. 2014),...more

6/10/2014 - Fees Foreclosure Military Service Members Mortgages SCRA

A Settlement Agreement's Liquidated Damages Clause That Bears No Reasonable Relationship To Actual Damages Constitutes An...

In Purcell v. Schweitzer (2014) 224 Cal.App.4th 969, the Court of Appeal disapproved of a settlement agreement providing the entire amount in dispute would be due if the debtor breached the agreement. The court determined...more

5/16/2014 - Debt Debtors Judicial Settlement Agreements Settlement Void and Unenforceable

Borrowers Have Standing to Challenge Void Assignments of Their Loans

A California Court of Appeal reversed a trial court’s decision and held that a borrower may sue a bank for wrongful foreclosure when an attempted transfer of loan to a securitized trust occurred after the trust’s closing...more

8/26/2013 - Assignments Borrowers Foreclosure Loans Mortgages Securities Standing Trusts Wrongful Foreclosures

U.S. Court of Appeals: The Home Affordable Assistance Program Has Produced More Litigation Than Happy Homeowners

In Corvello v. Wells Fargo Bank NA (--- F.3d ----, C.A.9 (Cal.), August 8, 2013), the Ninth Circuit Court of Appeals held that Wells Fargo Bank was required to offer borrowers permanent loan modifications to their home...more

8/19/2013 - Banks Borrowers HAMP Lenders Loan Modifications Mortgages U.S. Treasury Wells Fargo

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