Borrower Fails in Preemptive Action Challenging Right to Foreclose

by Julia Wei May 24, 2016 Foreclosure
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In 2004, Ms. Brown borrowed $450k and secured that loan with a deed of trust against her property in Oakland, California.  The beneficiary under that deed of trust was Washington Mutual Bank, F. A. WAMU failed in 2008 and the FDIC sold WAMU’s assets to JP Morgan Chase Bank, N.A.  This sale included Ms. Brown’s […]

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Committee Offers Hope for Relief from Airplane Noise to Bay Area Residents

by Ashlee Adkins May 23, 2016 Disclosure
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Beginning in early 2015, the Federal Aviation Administration (“FAA”) introduced a new program, NextGen, which rerouted flight paths in the South Bay and Peninsula in an effort to improve airport infrastructure, air traffic management, and provide nearly $133 billion in benefits to airports, airlines, and passengers.  NextGen was implemented with the intention to drastically advance […]

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Important Water Considerations for After El Niño

by Ashlee Adkins April 29, 2016 Construction Disputes
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As predicted, El Niño arrived in California and brought some much needed precipitation with it.  This past winter brought the most rain California has had in quite awhile, with many major reservoirs in better shape than they have been in years.  Despite the warm welcoming El Niño received, there is a downside to the wet […]

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Court Denies a Landlord’s Ability to Change House Rules in San Francisco

by Henry Chuang April 29, 2016 Landlord/Tenant Disputes
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Margaret Foster (“Foster”) lived in the same apartment in San Francisco for more than 40 years.  In 2011, her building was bought by W.J. Britton & Co., Inc. (“Britton”).  As part of new management, Britton sent each tenant a new set of house rules.  In those rules, the tenants were required to share the back […]

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Supreme Court Upholds Controversial San Jose Affordable Housing Ordinance

by Ashlee Adkins April 1, 2016 Landlord/Tenant Disputes
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The Bay Area is known worldwide for a multitude of things, including being the hub of technological advancements, cultural diversity, and championship sports teams.  One of the more recent phenomena however doesn’t have to do with any of those things.  Currently, two Bay Area cities claim two of the top three spots for the costliest […]

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Court Makes it Easier to Strip Mortgages

by Henry Chuang March 30, 2016 Mortgage Issues
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Robert and Darlene Blendheim (“Blendheim”) were borrowers who obtained two mortgages from HSBC Mortgages Services in the amounts of $347,900 and $90,474.  In 2007, the Blendheims filed for Chapter 7 bankruptcy protection and obtained their discharge.  The day after receiving their discharge, they filed for Chapter 13 bankruptcy protection in order to restructure their debts.  […]

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Seller is Refusing to Close Escrow? Know Your Options

by Ashlee Adkins February 29, 2016 Broker/Realtor
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If you’ve recently purchased a home, or are looking to buy, you know how tough the market is.  The competition is intense, with there being more buyers than sellers.  Finally, your offer on your “dream home” has been accepted. The paperwork is drafted and signed by both parties, life couldn’t be better. That is, until […]

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Court Rules in Favor of Borrowers Suing for Wrongful Foreclosure

by Henry Chuang February 26, 2016 Foreclosure
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Tsvetana Yvanova (“Yvanova”) was a borrower who obtained a loan from New Century Mortgage Corporation (“NCMC”) in 2006.  In 2007, NCMC filed for bankruptcy and in 2008, its assets were liquidated.  In 2011, several years after NCMC was liquidated, NCMC executed an assignment of the deed of trust to Deutsche Bank National Trust (“Deutsche”) while […]

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Supreme Court Finds California’s Anti-Deficiency Statute Protects Borrowers After a Short Sale

by Julia Wei February 9, 2016 Collection Disputes
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THE DECISION:  The Supreme Court of California held that Code of Civil Procedure Section 580b prevents lenders from pursuing borrowers after approving the borrower’s short sale. Previously, the case law had been clear that after a foreclosure sale, the lender was deemed to have taken their “one action” in collecting on the loan and therefore […]

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Court Limits a Tenant’s Ability to Challenge an Unlawful Detainer Action

by Henry Chuang January 25, 2016 Eviction
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Sofia Borsuk (“Borsuk”) was a tenant at LA Hillcreste Apartments in Los Angeles.  In March, 2015, LA Hillcreste served Borsuk with a 3-day notice to pay rent or quit.  After Borsuk failed to pay rent, LA Hillcreste attempted to evict Borsuk.  In the lawsuit, Borsuk moved to quash service of the summons and the complaint.  […]

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