Where Can a Wronged Deed of Trust Investor Sue?
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. When…
Ninth Circuit Weighs in on “Preemptive” Challenges to Lender’s Authority to Foreclose
Can a California real property owner challenge a lender’s authority to foreclose before a foreclosure sale has occurred? It’s looking less likely with each new appellate opinion.…
Can a Loan Modification Waive the Borrower’s Right of Reinstatement?
Loans secured by a deed of trust typically provide that upon default (commonly, missed interest payments) the lender may elect to “accelerate” the loan, making the…
Is an APN Sufficient to Describe Property in a Deed of Trust?
To be enforceable, a deed of trust must sufficiently describe the real property security. There are several different ways to describe real property. Commonly used methods…
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…
CC&R “Subordination” Provisions and Lien Priority
In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule,…
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…
Title Insurance Covers That Foreclosure Problem, Right?
In the minds of many buyers of distressed properties at foreclosure sales, the existence of ANY title insurance policy relating to the property — even if…