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Foreclosure › Unlawful Detainer

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of... more +
Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -
Snell & Wilmer

California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

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The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more

Farella Braun + Martel LLP

Judicial Council Ends Statewide Eviction and Foreclosure Moratorium; Local Orders Remain in Effect

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On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more

Williams Mullen

Unlawful Detainer in Federal Court? It’s Not as Far Fetched as You Think

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In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...more

Sands Anderson PC

2018 Legislative Update: New Laws Impacting Commercial Real Estate Clients

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Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

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REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

Lewitt Hackman

Initiating Unlawful Detainer Actions: Perfection Not Required

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In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more

Miles & Stockbridge P.C.

Surplus Proceeds Available for Foreclosure Purchasers Who Face "Holdover" Homeowners

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Surplus proceeds resulting from a residential foreclosure sale are rare. By nature, homeowners facing foreclosure are generally underwater on their mortgage, and have not been able (or willing) to achieve a short sale. But...more

Haight Brown & Bonesteel LLP

Court Exclaims “Enough!” To Homeowner Who Kept Raising Wrongful Foreclosure Claims

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“There are no free houses,” began the decision issued by the Court of Appeal on March 23, 2015 in Boyce v. T.D. Service Company (B255958). Examining three years of litigation in bankruptcy court, unlawful detainer court, and...more

Burr & Forman

Wrongful Foreclosure: Acting Offensively May Short-Circuit the Need for a Defense

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In recent years, lenders have been forced to defend a record number of so-called “wrongful foreclosure” lawsuits. However, several Tennessee court rulings issued this year indicate that if lenders act quickly and offensively,...more

Hinshaw & Culbertson LLP

Anti-SLAPP "protected activities" include filing of unlawful detainer actions

Hinshaw & Culbertson LLP on

In Trapp v. Naiman, the California Court of Appeal for the Fourth Appellate District decided an interesting real property case. The case began as a non-judicial foreclosure and unlawful detainer matter. The case then morphed...more

Farella Braun + Martel LLP

Insolvency Legislative Update - February 2013

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California enacted a number of pieces of legislation over the last year or so of great importance to insolvency professionals. These include bills impacting mortgage foreclosures, sales of tax-defaulted property, wage...more

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