mortgage holder | firsttuesday Journal

Does a homeowner filing for bankruptcy within the 45-day extension of their home’s foreclosure sale due to a non-occupying successful bidder still own an interest in the home?

by Lily Hart | Aug 10, 2026 | Features, Real Estate, Recent Case Decisions | 1

In re Tinsley U.S. Bankruptcy Appellate Panel of the Ninth Circuit

Form-of-the-Week: Escrow instructions, and beneficiary statement — Forms 401 and 415

by Amy Platero | Jul 8, 2026 | Buyers and Sellers, Finance, Forms, Fundamentals, Mortgages, Real Estate | 0

An agent or escrow officer uses RPI Form 401 when preparing instructions to open a purchase escrow with an escrow officer, and RPI Form 415 when escrow requests mortgage information from a mortgage holder regarding their lien on a property to confirm the terms of the debt or obtain a payoff demand.

Must a mortgage holder prove their ownership of the mortgage debt to the owner of the encumbered property by producing the original promissory note and chain of mortgage assignments before a trustee’s foreclosure sale can take place?

by Lily Hart | Dec 1, 2025 | Features, Real Estate, Recent Case Decisions | 0

Gallusz v. LLP Mortgage, Inc

Form-of-the-Week: Further Encumbrance Consent, and Note Enforcement Provisions — Forms 410 and 418-5

by Amy Platero | Dec 21, 2023 | Finance, Forms, Loan Products, Real Estate | 1

These forms are used by a prospective junior lender or carryback seller when the real estate is encumbered by an existing first mortgage containing a due-on clause, to obtain consent from the lender holding the mortgage to further encumber the property with a second mortgage, and by a loan broker or escrow officer when originating a mortgage with the lender or carryback seller, to include a guarantee, exculpatory or governing law provision in the promissory note.

Form-of-the-Week: Deed of Trust & Assignment of Rents, and All-Inclusive Trust Deed Addendums — Forms 450, 442 and 443

by Amy Platero | Dec 14, 2023 | Finance, Forms, Loan Products, Mortgages, Real Estate | 0

An agent or escrow officer uses these forms when a seller of property carries back an all-inclusive note and trust deed (AITD) evidencing a principal debt which includes the balance owed on an existing mortgage and a payoff demand.

May a mortgage holder enforce a late payment penalty fee calculated as a percentage of the unpaid principal balance?

by Adam Kolvas | Dec 27, 2022 | Mortgages, Real Estate, Recent Case Decisions | 0

Honchariw v. FJM Mortgage Fund, LLC

Does a second trust deed mortgage holder owe a duty to reply to a voluntary mortgage modification application from an owner in default under the trust deed at any time before completing foreclosure?

by Kinnedy Kriso | Jun 14, 2022 | Recent Case Decisions | 0

Sheen v. Wells Fargo Bank, N.A.

Did a mortgage holder violate the Homeowner Bill of Rights (HBOR) by foreclosing when the property owner rejects an offer for a trial loan modification plan?

by Ariel Calvillo | Feb 11, 2022 | Real Estate, Recent Case Decisions | 0

Billesbach v. Specialized Loan Servicing LLC

May an adverse possessor acquire title to a property when the underlying ownership of the property changes during the period of possession?

by Ariel Calvillo | Dec 6, 2021 | Laws and Regulations, Los Angeles-Santa Barbara-Ventura, Real Estate, Recent Case Decisions | 0

Bailey v. Citibank, N.A.

Is a mortgage holder obligated to pay interest on hazard insurance proceeds deposited with the mortgage holder for rebuilding a structure?

by Casandra Lopez | May 13, 2021 | Recent Case Decisions | 0

Gray v. Quicken Loans, Inc.

May a mortgage be assigned to a new loan servicer while it is in default?

by Benjamin J. Smith | Dec 31, 2019 | Real Estate, Recent Case Decisions | 0

Myles v. Pennymac Loan Services, LLC Facts: An owner defaults on a mortgage secured by their...

May an owner rescind a mortgage on a residential property awarded to them in a divorce proceeding when the mortgage was obtained to reacquire title they previously held?

by Benjamin J. Smith | Oct 23, 2019 | Real Estate, Recent Case Decisions | 0

Barnes v. Chase Home Finance Facts: An owner and their spouse hold title to their residence as...

Tag: mortgage holder

Does a homeowner filing for bankruptcy within the 45-day extension of their home’s foreclosure sale due to a non-occupying successful bidder still own an interest in the home?

Form-of-the-Week: Escrow instructions, and beneficiary statement — Forms 401 and 415

Must a mortgage holder prove their ownership of the mortgage debt to the owner of the encumbered property by producing the original promissory note and chain of mortgage assignments before a trustee’s foreclosure sale can take place?

Form-of-the-Week: Further Encumbrance Consent, and Note Enforcement Provisions — Forms 410 and 418-5

Form-of-the-Week: Deed of Trust & Assignment of Rents, and All-Inclusive Trust Deed Addendums — Forms 450, 442 and 443

May a mortgage holder enforce a late payment penalty fee calculated as a percentage of the unpaid principal balance?

Does a second trust deed mortgage holder owe a duty to reply to a voluntary mortgage modification application from an owner in default under the trust deed at any time before completing foreclosure?

Did a mortgage holder violate the Homeowner Bill of Rights (HBOR) by foreclosing when the property owner rejects an offer for a trial loan modification plan?

May an adverse possessor acquire title to a property when the underlying ownership of the property changes during the period of possession?

Is a mortgage holder obligated to pay interest on hazard insurance proceeds deposited with the mortgage holder for rebuilding a structure?

May a mortgage be assigned to a new loan servicer while it is in default?

May an owner rescind a mortgage on a residential property awarded to them in a divorce proceeding when the mortgage was obtained to reacquire title they previously held?

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