Mortgage delinquencies rise from historic low
While home sales volume is plummeting and home prices are spiraling, there is one housing factor on the rise — mortgage delinquencies.
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Tag: notice of default (NOD)
Form-of-the-Week: Request for Notice of Default (NOD) and Notice of Trustee’s Sale (NOTS) – Forms 412 and 474
RPI Forms 412 and 474 notify interested parties of a default.
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Word-of-the-Week: Land Sales Contract
What is a land sales contract? A land...
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California underwater homeowner numbers to increase
Underwater homes were at their bottom in 2020.
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California Homeowner Bill of Rights is reenacted
California has reenacted various provisions of the Homeowner Bill of Rights which expired on January 1, 2018.
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California mortgage and foreclosure rights for successors
New mortgage and foreclosure protections for successors after the death of an owner.
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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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The short sale purchase agreement – boilerplate agreement or as an addendum
Form-of-the-week: Purchase Agreement with Short Sale Contingency – Form 150-1 and 274 Selecting...
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Does service of a Notice of Default trigger the running of the statute of limitations for filing a quiet title action?
The adult child of a commercial property owner forges the owner’s name and obtains a mortgage secured by a trust deed on the property without the owner’s knowledge.
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Does a surviving spouse’s life estate confer ownership of a property when they obtain a mortgage on the property?
A property owner dies. The property owner’s will grants their spouse a life estate with a power of sale in their separate property, providing the spouse the right to occupy the property for the duration of the spouse’s lifetime.
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May an owner in default challenge a mortgage holder’s assignment of interest to prevent foreclosure?
Can a property owner challenge a pooling and servicing agreement?
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REO resales in CA
An estimated 7,000 real estate owned (REO) properties sold in the second quarter (Q2) of 2014....
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Title companies not liable for premature foreclosure recordings
Title companies not liable for premature foreclosure recordings Civil Code §2924.25 Amended by...
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Foreclosures are almost fully recovered
NODs were their lowest since 2005 last quarter.
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Foreclosures, REO resales decline in Q1 2014
What do today’s NODs forecast for tomorrow’s foreclosure sales?
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May a lender collect foreclosure fees from a homeowner who defaulted on their mortgage while on active military duty?
Facts: A homeowner purchased a property with mortgage funds provided by a lender. The owner went...
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May a creditor claim fraud to collect unsecured, nonrecourse debt from a buyer?
Facts: A buyer employed a mortgage broker to obtain funds to purchase a single family residence to...
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NODs at their lowest in eight years
Foreclosures, NODs and REO resales were down in Q4 2013. But what’s in store?
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May an owner pursue money damages if the lender fails to discuss foreclosure alternatives with the owner prior to recording an NOD?
An owner went into default and a lender filed a notice of default without discussing options for avoiding foreclosure. The owner sued claiming the lender wrongfully foreclosed.
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