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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Tag: notice of default (NOD)
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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May a foreclosed borrower pursue money damages against a lender when the borrower is unable to reinstate the loan due to fees erroneously charged by the lender?
A borrower refinanced their home loan. The lender forged the borrower’s signature on multiple loan documents. The borrower informed the lender of the forgery…
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Foreclosures continue to fall in Q3 2013
Foreclosure sales fell in the third quarter of 2013 (Q3 2013) in California. The number of real estate owned property (REO) resales and notice of default (NOD) filings also decreased from the prior quarter.
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