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 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…
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.…
Tender Not Required for a “Dual Tracking” Claim
Many claims based on flawed foreclosure sales never get out of the starting gates because the borrower fails to allege a pre-lawsuit “tender” of all amounts due on…
A Notice of Default Does Not “Disturb Possession”
An action to quiet title in real property can be governed by various statutes of limitation, depending on what theory underlies the claim. Possibilities include the…
Forbearance Agreements Must Be In Writing
Many plaintiffs in wrongful foreclosure lawsuits attempt to rely, at least in part, on what the lender’s representative “told them” over the phone or in person.…
Can a Foreclosure be “Wrongful” if the Debtor is Underwater?
In most successful “wrongful foreclosure” cases (challenging an already-completed trustee’s sale), the debtor’s most obvious source of damages is the lost equity in the wrongfully sold…