Money losses are sought after a neighbor’s encroachment in spite of the property’s increasing value.
A California court of appeals distinguishes between pre-foreclosure and wrongful foreclosure actions with commentary on void and voidable assignments.
A California court of appeals clarifies the guidelines for appraiser independence.
A disguised security device is used to mask a tenancy agreement as a sale. Confusion ensues.
The court distinguishes between substantial and actual completion of a construction project and where the 90-day window to file a mechanic’s lien begins.
What recourse does a homeowner have against a predatory mortgage holder who sells them an overly harsh loan or loan modification?
What role does the materiality of a breach in a rental agreement play in determining a landlord’s ability to evict?
The California Supreme court decides on the ability of homeowners to challenge the assignment of a trust deed in a wrongful foreclosure action. Details on the nature of a void and voidable assignment.
Coker v. JP Morgan Chase Bank, N.A. Facts: A homeowner defaults on their purchase-assist mortgage and the mortgage holder records a notice of default (NOD). The mortgage holder consents to a short sale of the property on the condition the homeowner remain liable for any deficiency. The property is sold for an amount less than…
Majd v. Bank of America, N.A., et al. Facts: An owner purchases residential property funded by an adjustable rate mortgage (ARM). When the ARM interest rate resets upward, the owner goes into default and requests a loan modification under the Home Affordable Mortgage Program (HAMP). While the loan modification is under review, the mortgage holder…