California’s anti-deficiency statutes provide robust protection for borrowers where the loan is secured by real estate. For example, following a nonjudicial foreclosure sale (aka trustee’s sale),…
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…
If the same lender has both a senior and junior deed of trust on the same security property, can that lender foreclose on the senior lien…
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…
In the last post — The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security? — we previewed…
“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)…
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…
In my last post, I mentioned that the California Supreme Court would soon be deciding an important case — Coker v. JP Morgan Chase Bank — involving an anti-deficiency based…
In prior posts here and here, I highlighted the difficult position occupied by guarantors of real estate secured loans. In short, while California law extends very strong anti-deficiency…
As any real estate lender or investor can testify, holding a junior lien on real estate security can be perilous. Sure, the yields are higher (and…