This article is part of an ongoing series covering violations of real estate law. Here, the DRE denied outright reinstatement of a broker license to a broker whose license the DRE had originally revoked due to his involvement in a bid rigging scheme.
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The trustee’s acceptance of the final and highest bid from the successful bidder at a nonjudicial foreclosure sale.
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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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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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Citrus El Dorado, LLC v. Chicago Title Company Facts: A developer takes out a mortgage to fund...
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In the Matter of Spanish Peaks Holdings II, LLC Facts: A commercial landlord and a tenant enter...
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The maximum fee a trustee may charge for the facilitation of a nonjudicial foreclosure sale has been increased.
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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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When does an altered deed render subsequent transfers void?
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Postponement of trustee’s sale to be provided in writing Civil Code §2924 Amended by A.B....
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An estimated 7,000 real estate owned (REO) properties sold in the second quarter (Q2) of 2014....
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NODs and trustee’s deeds stablize – for now; NODs to foreclosures: a bump on the horizon; REO resale volume awaits the rebound
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01-27-2014 Weekly Statistical Update; NODs down, temporarily; NODs to foreclosures: looking at the bottom; NODs and trustee’s deeds meander towards the floor; REO resale volume down – for now
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Facts: A distressed borrower applied for a loan modification under the Home Affordable...
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Facts: A distressed borrower applied for a loan modification under the Home Affordable Modification Program (HAMP). The lender prepared a trial period plan (TPP) stating the borrower will receive a permanent modification if they make trial modification payments and submit qualifying documents. The borrower successfully made all TPP payments and submitted the required documents but the lender denied the borrower a permanent loan modification and the home was later sold at a trustee’s sale.
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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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A homeowner defaulted on their loan and applied for a loan modification. The lender sent the homeowner a written denial of their loan modification application.
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When can a procedural misstep void a nonjudicial foreclosure sale?
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Foreclosure sales dropped significantly in the first quarter of 2013 (Q1 2013). The number of real...
Read MoreThe highly contentious Mortgage Electronic Registration System (MERS) has made numerous courtroom appearances since its inception, the question for homeowners being: does MERS have the authority to initiate foreclosure?
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