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Full-Text Articles in Law
More On Mortgage Transfer Mysteries, Roger Bernhardt
More On Mortgage Transfer Mysteries, Roger Bernhardt
Publications
A review of recent federal and state decisions in California involving mortgage transfers.
Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt
Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt
Publications
Ability of secondary market participants to foreclose on transferred mortgages.
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.
New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt
New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt
Publications
This article discusses the addition of CCP 580e to the current antideficiency statutes, the kinds of borrowers protected and lenders affected. The article coves the new 580e exceptions and the protection it provides in short sales.
Bankruptcy Law - Bfp V. Imperial Savings And Loan Association: Resolving The "Reasonably Equivalent Value" Standard In Avoiding Foreclosure Sales, Kevin F. Kilty
Golden Gate University Law Review
No abstract provided.
Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt
Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt
Publications
This article discusses a case involving a California lender’s duty to explore options to prevent foreclosure under CC 2923.5 and the inadequate remedies made available to trustors under it..
Bad Timing For Deeds In Lieu, Roger Bernhardt
Bad Timing For Deeds In Lieu, Roger Bernhardt
Publications
This article discusses the right of redemption and the rule against clogging and why a deed in lieu that is given after the mortgage has already been executed may be enforceable notwithstanding that one given at the same time as the mortgage is not.
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.
Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt
Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt
Publications
This article discusses a California case which held that an experienced investor in foreclosed proprieties who purchased significantly below market value, was nonetheless a bona fide purchaser.
Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt
Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt
Publications
This article discusses a California case which held that a debtor’s tender of a document that was worthless on its face did not prevent foreclosure or give rise to a creditor’s obligation to object to the tender.
Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt
Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that a slightly premature service of notices of a nonjudicial foreclosure sale did not invalidate the sale when the trustor was not prejudiced thereby..
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.
Redeeming From Tax Sales: Bevan V Socal Communications Sites, 2003, Roger Bernhardt
Redeeming From Tax Sales: Bevan V Socal Communications Sites, 2003, Roger Bernhardt
Publications
This article discusses a Ninth Circuit case which held that when a lienor forecloses on a debtor’s property that which is also subject to an IRS lien, the lienor will not be equitably subrogated to the IRS claim where it eliminates the IRS’s right of redemption by paying the IRS the amount owed by the debtor to it.
Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt
Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt
Publications
This article discusses a California case which held that a recorded notice that a residence was “substandard” was neither a defect in, nor a lien or encumbrance on the title under the title insurance policy.
Faithful Waste, Roger Bernhardt
Faithful Waste, Roger Bernhardt
Publications
This article discusses the interaction of waste and antideficiency statutes in California as to financial waste. The critical inquiry is whether the waste was done in bad faith.
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that after a creditor holding senior and junior loans on the same property sells them to independent parties, the one action rule does not bar the sold-out junior’s suit for a deficiency following the senior’s judicial foreclosure.
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that a lender may nonjudicially foreclose on multiple items of collateral without crediting the debtor with the fair market value of each item sold.
Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt
Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that neither a lender nor a trustee was liable to a purchaser at a foreclosure sale who relied on a third party title report that erroneously described the junior lien being foreclosed as secured by a senior deed of trust.
Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt
Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a buyer is not personally liable after defaulting on a purchase money note secured by a deed of trust on real property, despite an agreement to the contrary, due to the antideficiency protection of CCP §580d.
Foreclosure Shortfalls, Roger Bernhardt
Foreclosure Shortfalls, Roger Bernhardt
Publications
This article discusses California cases where buyers successfully sued sellers for fraud, but offsets then entitles the sellers to foreclose.
Fair Value, Roger Bernhardt
Fair Value, Roger Bernhardt
Publications
This article deals with California foreclosure, deficiency judgments, postsale redemption and fair value.