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Wrongful Foreclosure Blog Series

Foreclosure Litigation, Legal Update, Mortgage & Lending Law, and Real Estate Law

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 contribute to increasing your awareness of your rights and obligations during the foreclosure process, as well as keep you alert to the potential pitfalls you may encounter during the foreclosure procedure. If you have any questions about such matters or any other real estate related legal issues, please contact Brewer Offord & Pedersen LLP at (650) 327-2900 x 10 or on the web at www.BrewerFirm.com.

 

HenryBy: Henry Chuang, Esq. (Click image for bio)

Court Eviscerates Lender’s Ability to Resolve Pre-Foreclosure Cases Quickly

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 Home Loans Servicing LP, the Court upheld a borrower’s claim that the lender had failed to contact her prior to foreclosure. In addition, the court held that…

Bankruptcy Courts Continue to Punish Negligent Lenders

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 sales and overlooked any deficiencies by the lender. On the other hand, …

Chase Settles Class Action Wrongful Foreclosure Suit for $56 Million

On April 21, 2011, JPMorgan Chase agreed to settle a class action lawsuit filed by active-duty military personnel for claims of wrongful foreclosure. In Rowles v. Chase, three members of the armed forces sued Chase alleging violations of the Servicemembers Civil Relief Act (“SCRA”). The SCRA provides protections to active-duty servicemembers by requiring lenders to reduce interest rates to six percent (6%), to not foreclose or report negative credit, and limits lenders’ ability to terminate loans. The settlement…

 

Julia M. Wei, Esq.By: Julia M. Wei, Esq. (Click image for bio)

Lenders Behaving Badly – Borrower Makes a Credible Case for Intentional Infliction of Emotional Distress, Fraud and Violation of Foreclosure Statute Section 2924g(d) Against Downey Savings & Loan (U.S. Bank N.A.)

The litigation tide turns in favor of the borrower due to the lender’s conduct. [Ragland v. U.S. Bank National Association et al, Filed September 13, 2012, No. G045580]

Facts of the Case

Pam Ragland was a borrower in Orange County and she had a loan with Downey Savings. Ragland thought that Downey Savings had offered her a fixed rate loan (but instead she had an adjustable one) and claimed her mortgage broker forged her name on certain loan documents. She applied for a loan modification. (She did admit that she signed the promissory note and deed of trust and related riders.) What follows in the record is…

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Real Estate Contracts & Transactions

Out of Contract? Not So Fast…

by Adam Pedersen, Esq. on August 28, 2018

In the highly-competitive real estate market in California, agents are being more aggressive in enforcing contract terms. So before you tell your client that you are “out of contract”, you might want to be sure the contract is actually cancelled! [Read More]

Landlord & Tenant Law

What a Three-Day Notice to Pay Rent or Quit Really Means

by Lorena Roel, Esq. on September 20, 2018

It is after Labor Day weekend and that means school supplies, summer vacation credit card bills, and preparing for the holidays. With all these added costs, the tenant may not have enough money to pay rent and the landlord serves [Read More]

Real Estate Contracts & Transactions

Can A Buyer Back Out of a Non-Contingent Offer?

by Simon Offord, Esq. on October 2, 2018

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may have a right to back out of a contract and receive their full deposit [Read More]