Does foreclosure extinguish a recorded density bonus agreement?
California’s density bonus law (Government Code sections 65915-65918) rewards a developer who agrees to build a certain percentage of low-income housing with the opportunity to build…
Immunity for Deed of Trust Foreclosure Trustees — Absolute or Qualified?
Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust…
Court Clarifies Value of “Performance Deed of Trust” in Foreclosure
This post was primarily authored by Daniel Zarchy, a “Rising Star” for seven of the past eight years who is a litigation attorney at Patton Sullivan…
Guarantor Liability: Assignment of Note Doesn’t Automatically Assign Guaranty Too
Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided…
A Lis Pendens Recorded Before a Trustee’s Sale is a “Cloud on Title” that Might Thwart an Unlawful Detainer Claim
In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which…
Relying on a Void Quiet Title Judgment — Redux
In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that…
Lenders Have No Duty to “Process, Review, and Respond Carefully and Completely” to Loan Modification Applications
One of the unresolved issues over the past several years in the realm of lender liability law is whether lenders owe tort duties to borrowers in…
Loan Modifications and Losing Lien Priority
Modifying a loan can sometimes cause a loss of lien priority. It all depends on the facts underlying the modification, and even the original loan. A…
Relying on a Void Quiet Title Judgment
Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title…
Deeds of Trust and Community Property
A deed of trust beneficiary usually feels pretty confident with the validity of the deed as long as it is signed by an owner of the…