News & Analysis as of

Wells Fargo Foreclosure Lenders

Buchalter

Sheen v. Wells Fargo Bank, N.A.: The California Supreme Court Delivers a Big Win for Lenders and Loan Servicers

Buchalter on

On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification...more

Rosenberg Martin Greenberg LLP

Rock, Paper, Scissors: Virginia Supreme Court Adopts Partial Subordination Rule to Interpret Subordination Agreements

Everyone is familiar with the “Rock, Paper, Scissors” method of resolving disputes where scissors cut paper, paper covers rock, and rock breaks scissors. In Futuri Real Estate, Inc. v. Atlantic Trustee Services, the Virginia...more

Balch & Bingham LLP

New Fifth Circuit Opinion is a Warning to Lenders Using “As Is” Waivers in Real Estate Contracts

Balch & Bingham LLP on

In Jones v. Wells Fargo Bank, N.A., No. 15-30031, — F. App’x —, (5th Cir. Sept. 29, 2015), the Fifth Circuit reversed the dismissal of a lawsuit against Wells Fargo for its alleged failure to disclose known mold problems,...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 31 & August 7, 2015

Carlton Fields on

Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more

Buchalter

Just When You Thought You Were Out, They Pull You Back In

Buchalter on

It is a rare occasion for a secured lender to foreclose on collateral with a value in excess of the entire debt owed, particularly following a bankruptcy filing by the borrower, but on that rare occasion the lender should...more

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