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Full-Text Articles in Law
The Suborned Subescrow, Roger Bernhardt
The Suborned Subescrow, Roger Bernhardt
Publications
This article examines a case involving subescrows, popular in southern California. They are not the same as true escrows, but their role if often blurred.
Attorneys As Escrow Agents, Roger Bernhardt
Attorneys As Escrow Agents, Roger Bernhardt
Publications
This article details the conflicts of interest that can arise when an attorney representing a buyer also acts as escrow agent for both parties.
Ambiguous Payoff Demands In Escrow: California Nat’L Bank V Havis, 2004, Roger Bernhardt
Ambiguous Payoff Demands In Escrow: California Nat’L Bank V Havis, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that the use of the term “payoff funds” in a letter advising an escrow agent of the status of a sale transaction did not transform the letter into a payoff demand statement.
Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt
Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that a purchaser at a foreclosure sale acquires good title to property, despite the defaulting borrower’s sale of the property on the same day, when the lender did not receive the payoff funds until after the foreclosure sale.
Seller’S Withdrawal For Buyer’S Late Performance: Ninety Nine Invs. V Overseas Courier Serv., 2003, Roger Bernhardt
Seller’S Withdrawal For Buyer’S Late Performance: Ninety Nine Invs. V Overseas Courier Serv., 2003, Roger Bernhardt
Publications
This article discusses a California case which held that a buyer was entitled to specific performance when the seller’s failure to comply with escrow instructions prevented the buyer’s timely performance of the financing condition.
Summit Financial Holdings Redux, Roger Bernhardt
Summit Financial Holdings Redux, Roger Bernhardt
Publications
This article analyzes the California case Summit Financial Holdings v. Continental Lawyers where the borrower continues to make payments to the lender after it has assigned the note to a third person.
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Publications
This article discusses a California case which held that an escrow holder that who the principals’ escrow instructions owes no duty of care to nonparties to the escrow.