Word-of-the-Week: Nonjudicial foreclosure
When property is sold at a public auction by a trustee as authorized under the power-of-sale provision in a trust deed.
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Tag: nonjudicial foreclosure
Conveyance by a Trustee’s Deed
The trustee’s use of a trustee’s deed to transfer title to property to the successful bidder at an auction.
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Word-of-the-Week: Judicial foreclosure
Judicial foreclosure – the court-ordered sale by public auction of a mortgaged property.
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Who Conducts the Sale?
Introducing the three participants under a trust deed – the trustor, the beneficiary and the trustee
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The Power-of-Sale Provision
The mechanics of a nonjudical foreclosure sale under the power-of-sale provision contained in a trust deed or other security device.
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Does a trust deed’s insufficient legal description of a property render the trust deed void?
MTC Financial Inc. v. California Department of Tax and Fee Administration Facts: A property owner...
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May the holder of two trust deeds on a property nonjudicially foreclose on the senior mortgage and seek a deficiency judgment on the junior?
Black Sky Capital, LLC v. Cobb Facts: A property owner obtains a mortgage secured by a trust deed...
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DRE Hot Seat: Raymond Alfred Grinsell
A licensed real estate broker violated both California Real Estate Law and the federal Sherman Antitrust Act by engaging in a practice of bid rigging.
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May a trustee foreclose on a property without verifying the validity of the underlying mortgage?
Citrus El Dorado, LLC v. Chicago Title Company Facts: A developer takes out a mortgage to fund...
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May a mortgage holder recover the amount owed on a junior mortgage after a nonjudicial foreclosure when they are also the holder of the senior mortgage?
Black Sky Capital, LLC v. Cobb Facts: A property owner obtains two mortgages secured by the same...
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May a carryback seller collect the balance remaining on carryback debt when the property has been sold in a nonjudicial foreclosure?
In re Salamon Facts: A buyer purchases income property encumbered by multiple mortgages including...
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Maximum fees for nonjudicial foreclosure sale increased
The maximum fee a trustee may charge for the facilitation of a nonjudicial foreclosure sale has been increased.
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Is a trustee for a mortgage-in-default considered a debt collector?
Facts: A homebuyer obtains a mortgage secured by a trust deed on their property. The buyer...
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Trustee’s fees in a nonjudicial foreclosure
Maximum base fees charged by trustees in a nonjudicial foreclosure have been increased.
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Mortgage debt discounts and no deficiency obligations for California homeowners
Distinguish between recourse and nonrecourse mortgage debt to determine the remedies available to homeowners and lenders in the event a homeowner defaults.
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Supreme Court decision opens doors for wrongful foreclosure suits
A recent decision made by the California Supreme Court may set a precedent for future wrongful foreclosure suits.
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Case in point: Is a mortgage exempt from usury law when the nonexempt lender is an entity owned by the broker who arranges the loan but is not paid a fee?
Is a mortgage exempt from usury law when the nonexempt lender is an entity owned by the broker who arranges the loan but is not paid a fee?
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Can the Mortgage Electronic Registration System (MERS) designate a trustee if the trust deed does not name a trustee?
A homeowner obtained a loan secured by a trust deed naming Mortgage Electronic Registration System (MERS) as the beneficiary. The trust deed did not name a trustee.
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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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