trustee’s sale | firsttuesday Journal

Sold to the Highest Bidder

by ft Editorial Staff | Dec 22, 2020 | Feature Articles, Real Estate, Video | 0

The trustee’s acceptance of the final and highest bid from the successful bidder at a nonjudicial foreclosure sale.

The Power-of-Sale Provision

by ft Editorial Staff | Nov 10, 2020 | Feature Articles, Real Estate, Video | 0

The mechanics of a nonjudical foreclosure sale under the power-of-sale provision contained in a trust deed or other security device.

DRE Hot Seat: Raymond Alfred Grinsell

by ft Editorial Staff | Aug 6, 2019 | Real Estate | 0

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.

May a trustee foreclose on a property without verifying the validity of the underlying mortgage?

by Benjamin J. Smith | May 13, 2019 | Real Estate, Recent Case Decisions | 0

Citrus El Dorado, LLC v. Chicago Title Company Facts: A developer takes out a mortgage to fund...

Is a commercial tenant’s leasehold interest protected when the property is sold in a bankruptcy trustee’s sale?

by Benjamin J. Smith | Feb 12, 2018 | Real Estate, Recent Case Decisions | 0

In the Matter of Spanish Peaks Holdings II, LLC Facts: A commercial landlord and a tenant enter...

Maximum fees for nonjudicial foreclosure sale increased

by Benjamin J. Smith | Nov 15, 2017 | New Laws, Real Estate | 0

The maximum fee a trustee may charge for the facilitation of a nonjudicial foreclosure sale has been increased.

Mortgage debt discounts and no deficiency obligations for California homeowners

by Amy Thomas | May 9, 2016 | Buyers and Sellers, Feature Articles | 1

Distinguish between recourse and nonrecourse mortgage debt to determine the remedies available to homeowners and lenders in the event a homeowner defaults.

Is a deed rendered invalid when a material modification is made prior to recording?

by ft Editorial Staff | Dec 26, 2014 | Investment, Laws and Regulations, Real Estate, Recent Case Decisions | 0

When does an altered deed render subsequent transfers void?

Postponement of a trustee’s sale on one-to-four unit residential properties

by ft Editorial Staff | Aug 26, 2014 | Forms, Mortgages, New Laws, Real Estate | 1

Postponement of trustee’s sale to be provided in writing Civil Code §2924 Amended by A.B....

REO resales in CA

by ft Editorial Staff | Aug 15, 2014 | Charts, Mortgages, Real Estate | 0

An estimated 7,000 real estate owned (REO) properties sold in the second quarter (Q2) of 2014....

NODs recoil for the next bounce, Weekly Statistical Update 04/28/2014

by ft Editorial Staff | Apr 28, 2014 | Monthly Statistical Update, Real Estate | 0

NODs and trustee’s deeds stablize – for now; NODs to foreclosures: a bump on the horizon; REO resale volume awaits the rebound

NODs down, temporarily, Weekly Statistical Update 01/27/2014

by ft Editorial Staff | Jan 28, 2014 | Monthly Statistical Update, Real Estate | 0

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

Does HAMP obligate a lender to permanently modify a loan if the borrower complies with the trial period plan?

by Nicole Jessen | Oct 28, 2013 | Real Estate, Recent Case Decisions | 0

Facts: A distressed borrower applied for a loan modification under the Home Affordable...

Is a lender required to offer a permanent loan modification to a HAMP borrower who successfully completes a trial period plan?

by Nicole Jessen | Oct 23, 2013 | Real Estate, Recent Case Decisions | 0

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.

Can the Mortgage Electronic Registration System (MERS) designate a trustee if the trust deed does not name a trustee?

by Matthew Shade | Oct 21, 2013 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

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.

Did a lender improperly foreclose after issuing a written rejection of a loan modification and verbally informing the owner the modification was pending?

by Matthew Shade | Oct 17, 2013 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

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.

Does a low opening bid set in error allow a lender to void a trustee’s sale?

by Matthew Taylor | Aug 21, 2013 | Real Estate, Recent Case Decisions | 0

When can a procedural misstep void a nonjudicial foreclosure sale?

Foreclosures fall

by ft Editorial Staff | May 1, 2013 | Market Watch, Mortgages, Real Estate | 0

Foreclosure sales dropped significantly in the first quarter of 2013 (Q1 2013). The number of real...

first tuesday case in point: Know thine enemy – an analysis of MERS

by Carrie B. Reyes | Aug 21, 2012 | Feature Articles, Finance, Real Estate, Recent Case Decisions | 7

The 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?