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Full-Text Articles in Law
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
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.
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.
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.
The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt
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.