News & Analysis as of September 21, 2024

Dual Tracking Restrictions

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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 -

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

Dorsey & Whitney LLP on 2/2/2016

A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates...more

Borrower Who Obtains A Preliminary Injunction Is Entitled To A Fee Award

Hinshaw & Culbertson LLP on 9/18/2015

In Monterossa v. Superior Court (PNC Bank), 2015 DJDAR 6488, the California Court of Appeal for the Third District decided a case of first impression under Code of Civil Procedure Section 2924.12(i) enacted in 2012. The...more

The Impact of Dual Tracking Restrictions on Foreclosure Rates in California

Ballard Spahr LLP on 7/2/2013

Foreclosure rates are declining in California. Many tout an improving economy as a reason for this trend. The impact of new legislation that restricts lenders and mortgage servicers from foreclosing on residential mortgages...more

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Foreclosure › Loan Modifications › Dual Tracking Restrictions

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

Borrower Who Obtains A Preliminary Injunction Is Entitled To A Fee Award

The Impact of Dual Tracking Restrictions on Foreclosure Rates in California

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