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Split of Authority Assignments

Patton Sullivan Brodehl LLP

Ninth Circuit Weighs in on “Preemptive” Challenges to Lender’s Authority to Foreclose

Can a California real property owner challenge a lender’s authority to foreclose before a foreclosure sale has occurred?  It’s looking less likely with each new appellate opinion....more

Patton Sullivan Brodehl LLP

When the Same Lender Has Both a Senior and Junior Deed of Trust (Revisited)

Almost two years ago, Money and Dirt covered a Fourth District California Court of Appeal opinion addressing an apparent split of authority regarding how a lender can enforce senior and junior deeds of trust on the same...more

Bennett Jones LLP

ABQB Clarifies Test for Lifting the Stay to Replace an Insolvent Operator

Bennett Jones LLP on

The Alberta Court of Queen's Bench has issued several conflicting decisions on whether a stay of proceedings in an insolvency matter should be temporarily lifted to allow enforcement of a contractual right to immediately...more

BCLP

Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status

BCLP on

Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our original post is here. On March 27, 2017, the Supreme...more

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