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Full-Text Articles in Law
Mixed Messages On Mortgage Foreclosures, Roger Bernhardt
Mixed Messages On Mortgage Foreclosures, Roger Bernhardt
Publications
A review of recent California decisions involving challenges to mortgage foreclosures.
Foreclosure Trustees And Fiduciary Duties Heritage Oaks Partners V First Am. Title Ins. Co. (2007), Roger Bernhardt
Foreclosure Trustees And Fiduciary Duties Heritage Oaks Partners V First Am. Title Ins. Co. (2007), Roger Bernhardt
Publications
This article discusses a California case holding that the trustee under a deed of trust merely acts as a common agent for the parties and owes no fiduciary obligation to third parties. Later purchasers are expected to discover the trustee’s lack of authority to sell from their own search of the records.
Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt
Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt
Publications
This article discusses a California case that held that moneys received by trustors in settlement of their damage claims against a contractor need not be turned over to their lender pursuant to their deed of trust, but concludes that other court are not likely to agree with the holding that “owed” means “amounts currently due and payable” instead of principal balance, and that lenders will probably revise their forms to escape that reasoning..
Is Attachment Once Again Safe?, Roger Bernhardt
Is Attachment Once Again Safe?, Roger Bernhardt
Publications
This article discusses a California statute that authorizes undersecured lenders to obtain prejudgment attachment on their debtor’s other assets in light of the one-action rule.