California underwater homeowner numbers to increase
Underwater homes were at their bottom in 2020.
Read More
Tag: notice of default (NOD)
California Homeowner Bill of Rights is reenacted
California has reenacted various provisions of the Homeowner Bill of Rights which expired on January 1, 2018.
Read More
California mortgage and foreclosure rights for successors
New mortgage and foreclosure protections for successors after the death of an owner.
Read More
Trustee’s fees in a nonjudicial foreclosure
Maximum base fees charged by trustees in a nonjudicial foreclosure have been increased.
Read More
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...
Read More
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.
Read More
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.
Read More
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?
Read More
REO resales in CA
An estimated 7,000 real estate owned (REO) properties sold in the second quarter (Q2) of 2014....
Read More
Title companies not liable for premature foreclosure recordings
Title companies not liable for premature foreclosure recordings Civil Code §2924.25 Amended by...
Read More
Foreclosures are almost fully recovered
NODs were their lowest since 2005 last quarter.
Read More
Foreclosures, REO resales decline in Q1 2014
What do today’s NODs forecast for tomorrow’s foreclosure sales?
Read More
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...
Read More
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...
Read More
NODs at their lowest in eight years
Foreclosures, NODs and REO resales were down in Q4 2013. But what’s in store?
Read More
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.
Read More
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…
Read More
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.
Read More
REOs drop as flat sales volume thwarts recovery, Weekly Statistical Update 10/28/2013
REOs drop as flat sales volume thwarts recovery, Weekly Statistical Update 10/28/2013
Read More
Foreclosures fall, set to rise
Foreclosure sales fell in the second quarter of 2013 (Q2 2013). However, notice of default (NOD) filings increased over the prior quarter.
Read More
