Deed of Trust, Foreclosure | JD Supra Law News

Former Owner Cannot Challenge Foreclosure Procedure In Forcible Detainer Action

by David Johnson | Winstead PC on 5/15/2013

In McDaniel v. HSBC Bank USA, NA, McDaniel appealed a trial court's granting a bank possession of real property purchased at a foreclosure sale. No. 05-11-00238-CV, 2013 Tex. App. LEXIS 1079 (Tex. App.—Dallas February 6,...more

NEW CASE ALERT: California Affirms Equitable Exceptions To The “Merger Doctrine"

by Miller Starr Regalia on 4/18/2013

The merger doctrine is not absolute and its application will depend upon the equities and the parties’ intentions, the California Court of Appeal recently held in Hamilton Court, LLC v. East Olympic, L.P., 2013 WL 1613269...more

Beware of Deed of Trust Securing Multiple Loans: Priorities May Not Be as They Appear!

by Bill Shiber | Miller Starr Regalia on 4/11/2013

In R.E. Loans LLC v. Investors Warranty of America, Inc. (2013) 212 Cal.App.4th 1432, the court of appeal decided that a subordination agreement was enforceable even though the new deed of trust (“subordinating loan”) to...more

Servicemembers Civil Relief Act: Provisions Affecting Banking Institutions

by Angela Beblo, Brienne Marco | Spilman Thomas & Battle, PLLC on 3/25/2013

According to December 2012 data from the federal Bureau of Labor Statistics, the unemployment rate for Gulf War Era veterans, hovering around eight percent, remains higher than the national rate. Over the last decade, more...more

Securing Multiple Loans With a Single Deed Of Trust Does Not Affect Lien Priority in Foreclosure - Priority of Each Secured Loan...

by Delmar G. Williams | Best Best & Krieger LLP on 3/4/2013

The California Court of Appeal (Second District) recently determined that the lien priority of multiple loans secured by a single deed of trust must be determined separately for each individual loan. As a result, secured...more

MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules

by Anthony Kaye, Emily Wegener | Ballard Spahr LLP on 2/20/2013

Under Massachusetts law, Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust, the U.S. Court of Appeals for the First Circuit has ruled....more

Tennessee Court of Appeals Confirms Foreclosures Cannot Be the Basis for a TCPA Claim

by Robert Tom | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

On September 25, 2012, the Middle Section of the Tennessee Court of Appeals issued an opinion confirming that foreclosure proceedings cannot serve as the basis for a Tennessee Consumer Protection Act (TCPA) claim. ...more

Neither Failure to Name Trustee In Deed of Trust Nor Absence of The Original Note Will Invalidate A Nonjudicial Foreclosure Sale –...

by Bill Shiber | Miller Starr Regalia on 1/15/2013

In this recent Court of Appeal opinion, an issue of first impression in California was addressed: That is, can a borrower seek to set aside a nonjudicial foreclosure under a deed of trust which initially failed to identify a...more

Lender Did Not Have Burden To Prove Holder Status In Wrongful Foreclosure Suit

by David Johnson | Winstead PC on 8/2/2012

In Campbell v. Mortgage Electronic Registration Systems, Inc., the Campbells borrowed money from a lender to purchase a residence. No. 03-11-00428-CV, 2012 Tex. App. LEXIS 4030 (Tex. App.—Austin May 18, 2012, no pet....more

CALIFORNIA HOMEOWNERS BILL OF RIGHTS: CALIFORNIA SENATE BILL No. 278

by Barry Fagan on 7/11/2012

CALIFORNIA ASSEMBLY BILL No. 278 CHAPTER 86 An act to amend and add Sections 2923.5 and 2923.6 of, to amend and repeal Section 2924 of, to add Sections 2920.5, 2923.4, 2923.7, 2924.17, and 2924.20 to, to add and repeal...more

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Deed of Trust › Foreclosure