Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment
Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. …
Has Yvanova Lost Its Mojo For Wrongful Foreclosure Plaintiffs?
In 2016, the California Supreme Court’s decision in Yvanova v. New Century Mortgage Corporation caused a lot of excitement among plaintiffs asserting wrongful foreclosure claims and…
Money and Dirt: Reviewing 2016
Here is a look back at some of the top real estate and secured lending developments from 2016 covered here at Money and Dirt: The California…
The Evolution of Real Estate Crowdfunding — Some Links
Real estate crowdfunding remains one of “fin-tech’s” hottest stories in 2016. While crowdfunding remains a tiny percentage of overall real estate debt or equity deals, the…
Yvanova Post-Script: It’s Not So Easy For Borrowers To Challenge Foreclosure Based on Defective Assignment of a Deed of Trust
For anyone who missed it, the California Supreme Court ruled earlier this year that a borrower has standing to allege wrongful foreclosure based on a void…
The Uniform Commercial Real Estate Receivership Act (Part 2) — Would “Receiver Sales” Conflict with California Law?
In the last post — The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security? — we previewed…
The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security?
“Uniform” laws seem to be all the rage these days. A group called the Uniform Law Commission (aka National Conference of Commissioners on Uniform State Laws)…
Court of Appeal Addresses “Prejudice” Element of Wrongful Foreclosure
If a property owner loses their property through a foreclosure sale initiated by someone who did not validly own the debt, has the property owner automatically…
The Simplest Way to Defeat Claims Alleging an Invalid Assignment of a Deed of Trust: Judicially Noticeable Documents
Recently, much judicial ink has been deployed writing opinions addressing borrower challenges to foreclosure based on allegations that the deed of trust was not validly assigned…
When is a Wrongful Foreclosure Case a “SLAPP”?
California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) arms a defendant with an early method to challenge a lawsuit known as a “SLAPP” — a…