Category: Debt Collection

Court Finds that International Property Owners Cannot Avoid California Jurisdiction

In 2007, Maria Soto (“Maria”) obtained a loan from Diana Buchanan (“Buchanan”) secured against a property she owned along with her husband and two other people.  Read More > ...

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

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. Read More > ...

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Court Holds Debt Collectors Liable for Attempting to Collect Unenforceable Debts

In 2005, Afsheen and Fabiola Alborzian (“Alborzians”) obtained two loans to purchase a residential property.  The first lienholder was Wells Fargo and the second lienholder was Read More > ...

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A Purchase Money Loan is a Purchase Money Loan Regardless of When It Funds

Recently, a California appellate court held that a purchase money loan is a purchase money loan regardless of when the loan proceeds are transferred to the Read More > ...

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Attorney Fee Provisions Series

The attorneys at Brewer Offord & Pedersen LLP put together an Attorney Fee Provisions Series. We hope that these blogs can provide our colleagues with valuable information regarding the potential to recover attorney’s Read More > ...

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What is a Deed-in-Lieu of Foreclosure?

As of March 1, 2013, Fannie Mae has implemented new deed-in-lieu guidelines, streamlining the process and allowing borrowers who are current with their loan to be Read More > ...

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California’s Supreme Court Allows Trustee to Void Foreclosure Sale Sold Too Cheaply.

> What happens if the trustee is instructed by the lender to have a minimum bid of $219k but misses a digit and sets and sells Read More > ...

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Do Not Overstep Your Bounds – Court Holds Mortgage Lender to the Higher Standard of Mortgage Broker

In the 2011 case of Smith v. Home Loan Funding, Inc., the Second District Court of Appeals held that a mortgage lender, who represented that they Read More > ...

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Kickbacks, Commission Splits & Loan Fees, Oh My!

The U.S. Supreme Court Finds Mortgage Loan Fees Were Not a Violation of RESPA. Anyone who has ever obtained a residential loan or mortgage is familiar Read More > ...

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Secured Creditors’ Right to Credit Bid Affirmed

This week, in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, No. 11‐166 (U.S. May 29, 2012) the United States Supreme Court unanimously ruled that a secured Read More > ...

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Advanced Collection Techniques to Collect on Your Judgment or “Pay Up, You Deadbeat!”

I’ve written in the past about the most passive method of collection, which is to simply record Abstracts of Judgment and assuming your judgment debtor has Read More > ...

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