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…
Court of Appeal Rules on “Standing to Challenge Foreclosure” Issues Left Unaddressed by Yvanova
A recent post, California Supreme Court: Borrowers Have Standing to Allege Wrongful Foreclosure Based on Void Assignment of Note, summarized the February 2016 opinion in Yvanova v.…
California Supreme Court Dismisses Review of McDonald Case (Addressing Deficiency Recovery in Multi-Borrower Context)
As noted in my prior post, Money and Dirt: Reviewing 2015; Previewing 2016, one of the expected developments for 2016 was the California Supreme Court’s decision…
California Supreme Court: Borrowers Have Standing to Allege Wrongful Foreclosure Based on Void Assignment of Note
For the past few years, California appellate courts have been split on the question of whether a borrower has standing to challenge a foreclosure based on…
“Dual Tracking” Can Be Unfair Competition
Unfair competition claims are often seen as “tag-along” claims without a lot of independent value. A recent California Court of Appeal decision (Fourth District, Division Three…
California Supreme Court Clarifies Anti-Deficiency Protection for Purchase Money Loans
The California Supreme Court has published its much anticipated decision clarifying the scope of anti-deficiency protection under Code of Civil Procedure section 580b for purchase money…
Rescinding a Foreclosure Sale (or Any Other Real Estate Deal) — Act Quickly, or Lose the Remedy
In a prior post, Respect the Remedy of Rescission in Real Estate Disputes, I highlighted the often under-appreciated remedy of rescission. With rescission, both parties are…
Money and Dirt: Reviewing 2015; Previewing 2016
We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog,…