Author: Nicole Jessen

May a debt collector pursue a borrower for fraud in the original loan application after purchasing the loan from a lender?

Facts: A borrower obtained a loan from a lender secured by senior and junior trust deeds on their property. In the loan application, the borrower stated they did not know the seller, although the seller was a family member of the borrower. The borrower stopped making payments and the senior trust deed was foreclosed. The junior trust deed note was then sold to a collector.

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Is a foreclosure on a HOA assessment lien void if the owner is not informed of their 90-day post-sale right of redemption?

Facts: An off-site owner of property in a homeowners’ association (HOA) became delinquent on their monthly assessments. The HOA scheduled a nonjudicial foreclosure sale and notified the owner. The HOA later cancelled the scheduled foreclosure but conducted it on a later date without notifying the owner. The owner became aware of the foreclosure after the running of the 90-day post-sale right of redemption.

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Are the seller and seller’s agent liable if uncorrected repairs recommended in the inspection report cause injury?

Facts: A listed property was inspected by a licensed contractor. The contractor reported the attic stairway ladder and numerous cosmetic components of the property needed be repaired, but did not expressly indicate the ladder was immediately dangerous. The seller’s agent reviewed the inspection report, but neither the seller nor the agent acted to prevent injuries potentially caused by the ladder. Later, a buyer’s agent was injured when the ladder failed.

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