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 > ...
Read More
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 > ...
Read More
Over four years ago, I wrote about the unpublished case of Jacobsen v. Aurora Loan Services (2012). Jacobsen was a foreclosure investor who had been negotiating with borrower Read More > ...
Read More
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 Read More > ...
Read More
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 Read More > ...
Read More
In June 2005, Monica Sciarratta (“Borrower”) obtained a loan in the amount of $620,000 from Washington Mutual Bank. In April 2009, Chase Bank (“Chase”), the servicer Read More > ...
Read More
The recent case of Huntington v. Miller confirmed again that a HOAs must accept partial payments and are limited in their ability to foreclose on an Read More > ...
Read More
The case of Monterossa v. Superior Court of Sacramento County (real party in interest, PNC Bank) is the first case to definitively answer a question many Read More > ...
Read More
Joseph Erlach rented a bedroom and bathroom in a house located in Monterey. He entered into an agreement with the original owner, Mary Schwann, to rent Read More > ...
Read More
The First Appellate Court overturned the Santa Clara Superior Court and held that a bona fide lease survives a foreclosure. In Nativi v. Deutsche Bank, the Read More > ...
Read More
Effective January 1, 2014, Senate Bill 426 went into effect and modified California’s anti-deficiency laws to do two things: 1) Clarify the protection implied in Read More > ...
Read More
The attorneys at Brewer Offord & Pedersen LLP put together a “Wrongful Foreclosure Blog Series.” We hope that this blog will serve you as guidance and Read More > ...
Read More
There have been a string of recent cases that have been decided in favor of borrowers against their lenders who have failed to offer loan modifications. Read More > ...
Read More
Most condominium or townhouse owners are familiar with the responsibility of paying their homeowner association’s (“HOA”) dues. However, many owners do not realize that if they Read More > ...
Read More
In Jenkins v. JP Morgan Chase Bank, N.A., the Court affirmed a lower court’s decision dismissing a borrower’s challenge to a foreclosure sale based on securitization Read More > ...
Read More
The recent case of Diamond v. Superior Court (Casa Del Valle Homeowners Association) has reaffirmed the importance of a Homeowners Association (“HOA”) strictly complying with statutory Read More > ...
Read More
In the recent tough times, lenders have had to conduct a number of non-judicial foreclosures. Of course, the California courts have seen a number of borrower Read More > ...
Read More
As a matter of first impression, the California Court of Appeal recently issued a decision in Shuster v. Bac Home Loans Servicing, LP, holding that the Read More > ...
Read More
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 > ...
Read More
In a stunning blow to lenders, the California Court of Appeals eviscerated a lender’s ability to resolve a wrongful foreclosure lawsuit quickly. In Integan v. BAC Read More > ...
Read More
Recently, in Weinstein v. Rocha, a California appellate court held that if a deficiency is barred by the anti-deficiency statute, a creditor cannot circumvent that protection Read More > ...
Read More
In California, one of the biggest hurdles for borrowers who are challenging a foreclosure sale is the tender offer rule. The rule requires that the borrower Read More > ...
Read More
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 > ...
Read More
On July 2, 2012, the California Assembly passed the “Foreclosure Reduction Act” which substantially overhauls the non-judicial foreclosure process. Non-judicial foreclosures constitute the vast majority of Read More > ...
Read More
On June 27, 2012, the Third District Appellate created a new way for lenders to recover on loans after a nonjudicial foreclosure. In Fait v. New Read More > ...
Read More
UPDATE: This case was appealed to the 9th Circuit Court of Appeals, and was affirmed in part, and reversed/remanded in part. Read the update here: http://bayarearealestatelawyers.com/foreclosure/foreclosure-bidder-continues-fight-after-9th-circuit-decision Robert Read More > ...
Read More
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 > ...
Read More
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 > ...
Read More
Last month, I wrote about buying property from bankruptcy estates as a potential way to get a discount on your purchase. Another way investors are getting Read More > ...
Read More
On August 18, 2011, Attorney General Kamala Harris sued three infamous California law firms who had been signing up distressed homeowner clients for ~$5-10k fees to Read More > ...
Read More
In a surprising ruling in August 2011, a bankruptcy judge in the Central District of California voided a foreclosure sale that occurred before the borrower’s bankruptcy Read More > ...
Read More
Earlier this year, the Massachusetts Supreme Court voided a foreclosure sale due to the lender’s inability to prove that it had obtained the right to foreclose. Read More > ...
Read More
The Impact of Robo-signing on Foreclosure Investors and REO Purchasers in California By: Henry Chuang, Esq. Recently, with the announcements of foreclosure moratoriums from some of Read More > ...
Read More
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 > ...
Read More
On January 7, 2011, the Massachusetts Supreme Court, in U.S. Bank National Association v. Ibanez, held that a foreclosure sale was void if the lender could Read More > ...
Read More
Recently, there have been a series of decisions throughout the nation about Mortgage Electronic Registration Systems, Inc. (“MERS”). Some, predominantly cases in state court, hold that Read More > ...
Read More
California Law allows for two types of foreclosures, judicial and non-judicial foreclosures. While judicial foreclosures are considered in situations where there might be a deficiency, due Read More > ...
Read More
There are only two silver bullets to stop a foreclosure sale. One is the automatic stay provision from when the borrower files bankruptcy, and the other Read More > ...
Read More
REO Investors – California Law Favors the Bidder in Foreclosure Defense Lawsuits When foreclosure investors and REO purchasers in California attend a trustee’s sale and pay Read More > ...
Read More