Lender Limits Liability for Breach of Loan Agreement
California Civil Code section 1668 states: “All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud,…
Where Can a Wronged Deed of Trust Investor Sue?
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. When…
Trustee Has No Duty to “Verify” Validity of Loan Assignment Before Foreclosure
A trustee in charge of administering a trust has many duties. A trustee appointed pursuant to a deed of trust, however, is different. The duties of…
Construction Loans Gone Bad
In January, I posted about a recent decision from the California Court of Appeal (Fourth District in Riverside), California Bank & Trust v. Del Ponti, which addressed…
Guarantor Waivers Can Only Go So Far
As I mentioned in a prior post, guarantors are usually in a tough position defending litigation by the lender because most guarantor defenses are lawfully waived…