Howard Rich (“Buyer”) purchased a single-family residence at a sheriff’s sale in July 2011. The prior owner, Yung-Shen Steven Lee (“Debtor”), had a judgment against him. Read More > ...
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In 2011, Andy Diaz (“Diaz”) lived in a property in Fullerton, CA (“Property”) with his then wife. In 2011, Diaz suffered severe health problems. Later in Read More > ...
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Sholem Perl (“Perl”) owned a duplex in Los Angeles. Perl defaulted on his loan and the property was foreclosed on in 2013. At the foreclosure sale, Read More > ...
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In a lengthy and well-reasoned opinion, the 9th Cir. Bankruptcy Appellate Panel concluded that where the broker was unaware of the agent’s fraud, the state court Read More > ...
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What if you find the perfect house but the owner-seller is in bankruptcy? Sometimes it can be challenging to navigate the bankruptcy system and understand who Read More > ...
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In November 2013, in Heritage Pacific Financial, LLC v. Montano, the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that the one-action rule prevents a Read More > ...
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Seyed Hosseini was a medical school graduate who incurred substantial student loans. After graduating he was unable to pass the medical licensing boards and never became Read More > ...
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The attorneys at Brewer Offord & Pedersen LLP have handled many collection disputes. Our current influx of calls pertaining to these types of matters has inspired Read More > ...
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In the days before the financial crisis, it was common that borrowers or their loan brokers would intentionally falsify information on the Uniform Residential Loan Application Read More > ...
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Creditor Levies on Debtor’s Bank Account but the Debtor Files Bankruptcy Before the Sheriff Turns Over the Money to the Creditor. Who Gets the Money? Collect Read More > ...
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Last month, in In re: Leafty, the Bankruptcy Appellate Panel for the Ninth District reaffirmed the statutory bar against debtors filing serial bankruptcies to stop a Read More > ...
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On January 4, 2013, the Ninth Circuit Bankruptcy Appellate Panel (the “B.A.P.”) held that a debtor cannot avoid a lien based on the California homestead exemption Read More > ...
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The Ninth Circuit Court of Appeals recently ruled that in order for debtors to receive the benefit of the homestead exemption after a forced sale of Read More > ...
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On May 29, 2012, the United States Supreme Court held that a secured lender must be allowed to credit bid on the sale of secured property Read More > ...
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One of the surprising aspects of lending law is the fact that the definition of one of the most basic terms is still in dispute. While Read More > ...
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Previously, I wrote about the diverging case law in state and bankruptcy court regarding foreclosure litigation. In state courts, California has almost unilaterally upheld nonjudicial foreclosure Read More > ...
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In the past several months, I have had numerous private lender clients come to our office and ask me how they should proceed after receiving a Read More > ...
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Previously I wrote about the basic bankruptcy terms. This article covers more advance topics related to creditors in bankruptcy and protecting their interests. Proof of Claim: Read More > ...
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By: Henry Chuang, Esq. Now that we have covered some basic bankruptcy terms in the prior two articles “Bankruptcy Basics, Part I” and “Bankruptcy Basics, Part Read More > ...
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Although most people in California refer to a loan secured by a house as a mortgage, the legally accurate terminology is a promissory note secured by Read More > ...
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By now, short sales and REO’s have entered the mainstream vocabulary to describe properties that are distressed. Recently, due to the increase number of bankruptcy filings, Read More > ...
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Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...
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Chapter 13 bankruptcy is often thought of as the bankruptcy relief that offers the debtor some “breathing room” from his creditors. The Chapter 13 debtor is Read More > ...
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As lenders know, when a borrower files for bankruptcy, the act of filing clamps down on any and all collection efforts against that borrower and her Read More > ...
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