When the Same Lender Has Both a Senior and Junior Deed of Trust….
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…
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 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)…
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…
The California Supreme Court Will Hear Oral Argument in Coker v. JP Morgan Chase Bank on December 2, 2015
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…
Sham Guaranties Are Hard To Come By
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…
Junior Lienholders: Know When To Admit Defeat
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…
Security for One, Security for All: Lenders Can Waive Deficiency by Making Security “Side Deals” Without Unanimous Borrower Consent
I didn’t plan on starting this blog with a post about a published appeal decision in one of my own cases. But the timing worked out…