News & Analysis as of September 20, 2024

Mortgages › CA Supreme Court

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

In the Ninth Circuit Precision is Required in an Offer of Judgment

Troutman Pepper on 12/7/2023

A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more

Lenders Have No Duty to “Process, Review, and Respond Carefully and Completely” to Loan Modification Applications

Patton Sullivan Brodehl LLP on 4/29/2022

One of the unresolved issues over the past several years in the realm of lender liability law is whether lenders owe tort duties to borrowers in connection with loan modification applications. Until now, case law has been all...more

California Supreme Court Weighs In on Negligence Claims Related to Mortgage Loan Modifications

Snell & Wilmer on 3/22/2022

On March 7, the California Supreme Court settled the issue of whether a mortgage servicer owes a duty of care to a borrower in the context of loan modification review, holding that negligence claims related to loan...more

California Supreme Court Opens Door For Wrongful Foreclosure Lawsuits and Challenges to Transfers of Mortgages: Practical...

Sheppard Mullin Richter & Hampton LLP on 3/3/2016

In Yvanova v. New Century Mortgage Corporation et al, the Supreme Court of California reversed the Court of Appeal’s ruling, and held that a borrower plaintiff who has been subject to a nonjudicial foreclosure has standing to...more

CA Supreme Court Unanimously Holds that a Mortgage Loan Borrower Has Standing to Sue for Wrongful Foreclosure due to Allegedly...

Blank Rome LLP on 2/23/2016

Action Item: In a ruling last week, the California Supreme Court supported Glaski and issued a narrow holding that, post-foreclosure, borrowers have standing to assert wrongful foreclosure based on allegations that an...more

California Supreme Court Finds Borrowers Have Standing To Challenge “Void” Assignment Of Loan After Foreclosure Sale

Locke Lord LLP on 2/22/2016

On February 18, 2016, the California Supreme Court issued its eagerly anticipated decision inYvanova v. New Century Mortgage Corporation, et al., Case No. S218973, finding that a borrower has standing to state a claim for...more

California Supreme Court Holds That Borrowers May Bring Wrongful Foreclose Actions Challenging Deed Of Trust Assignments

Perkins Coie on 2/22/2016

On February 18, 2016, the California Supreme Court held that borrowers may bring wrongful foreclosure claims based on challenges to an assignment of the note and deed of trust to a securitized trust. The supreme court’s...more

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