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…
When the Same Lender Has Both a Senior and Junior Deed of Trust (Revisited)
Almost two years ago, Money and Dirt covered a Fourth District California Court of Appeal opinion addressing an apparent split of authority regarding how a lender…
The Tender Rule — Reinstatement and Redemption are Different
Under California’s “tender rule,” a borrower suing to halt or unwind a wrongful foreclosure sale generally must allege that it tendered the amounts due on the…
Eviction After Foreclosure: California Supreme Court Weighs In
This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center. The case reviewed the decision of the California…
Not All Deed of Trust Attorney Fee Clauses are Created Equal
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed…
The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters
For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful…
Substandard Apartment Building Receiverships — Who Is On The Hook For Attorney Fees?
Under California’s State Housing Law (Health and Safety Code sections 17910-17998.3), if an apartment building owner fails to comply with a notice to repair or abate…
The Wrong Way for a Trustee to Interplead Foreclosure Sale Proceeds
Like most jurisdictions, California allows for “interpleader” actions, where a party holding funds that it has no interest in can deposit the funds with the court…
What Does a Senior Lienholder Get When a Junior Lienholder Forecloses?
What does a senior lienholder get when a junior lienholder non-judicially forecloses on the property and the sale results in “surplus funds” that exceed the amount…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…