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Series

Property Law and Real Estate

CCP 726

Articles 1 - 7 of 7

Full-Text Articles in Law

Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt Jan 2007

Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt

Publications

This article discusses a California case where the creditor - who had showed up one minute at its foreclosure sale - was thereafter unable to have it set aside or preserve its lis pendens although the property was sold for $2,000 rather than the $6 million it was worth to a friend of the debtor.

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Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt Jan 2004

Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt

Publications

This article discusses a California case which held that when mixed real an personal property secure a debt, so long as the debt is not reduced to judgment, such security may be foreclosed nonjudicially in any sequence without rendering the real property lien unenforceable.

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Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt Jan 2000

Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt

Publications

This article discusses a decision which held that a secured creditor who sues a debtor’s guarantor instead of foreclosing on security loses its security interest but may still recover the underlying debt in California.

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The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt Jan 2000

The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt

Publications

This article discusses a California case which held that a foreclosing lender’s 3-month time limit for seeking a deficiency judgment is a statute of limitations that cannot be avoided on the ground of excusable neglect.

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Fair Value, Roger Bernhardt May 1998

Fair Value, Roger Bernhardt

Publications

This article deals with California foreclosure, deficiency judgments, postsale redemption and fair value.

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Is Attachment Once Again Safe?, Roger Bernhardt Mar 1998

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.

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Plural Perils, Roger Bernhardt Jan 1996

Plural Perils, Roger Bernhardt

Publications

This article discusses the California one-action rule and its application in multiple security situations.

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