Kenneth Styles

Kenneth Styles

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California Foreclosure Law: Plaintiff May Recover Tort Damages For A Claim Of Wrongful Foreclosure

In a wrongful foreclosure lawsuit, the plaintiff may recover tort damages – i.e., any damages proximately caused by the foreclosing defendant, the Fourth District Court of Appeal held last week. Miles v. Deutsche Bank...more

5/8/2015 - Deutsche Bank Economic Damages Foreclosure Loan Modifications Mortgage Lenders Mortgage Servicers Mortgages Wrongful Foreclosures

California Foreclosure Law: California Supreme Court Grants Review Of The Keshtgar Decision

As reported in our blog article below, in June the Second District Court of Appeal held that California’s non-judicial foreclosure statutes do not grant a defaulting borrower the right to enjoin a foreclosure sale by alleging...more

1/9/2015 - Appeals Assignments Deed of Trust Delinquent Borrowers Foreclosure Mortgage Lenders Promissory Notes Secured Lenders Standing

California Foreclosure Law: A Defaulting Borrower Cannot Enjoin A Foreclosure Sale By Asserting That The Lender Lacks Standing

Under California’s non-judicial foreclosure statutes, a defaulting borrower cannot enjoin a lender’s initiation of foreclosure proceedings by asserting that the lender lacks standing. (Keshtgar v. U.S. Bank, N.A. (2014) 192...more

7/22/2014 - Default Foreclosure Lenders Mortgages Standing

What’s In A Name: In California, Borrowers May Be Liable For Purely Innocent “Bad Faith” Waste

The phrase “bad faith” has been defined as, “intention to deceive; treachery or dishonesty”. When most attorneys hear the phrase “bad faith,” they think of tort claims against insurance companies (“bad faith litigation”) or...more

1/11/2013 - Bad Faith Debtor-Creditor Foreclosure Mortgages Waste

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