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Golden Gate University School of Law

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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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Acceptance Of Payments Reinstates Mortgage: Bank Of America V La Jolla Group, 2005, Roger Bernhardt Jan 2005

Acceptance Of Payments Reinstates Mortgage: Bank Of America V La Jolla Group, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a lender’s acceptance of a trustor’s payment curing default on a deed of trust reinstated the trustor’s loan, thus rendering the later nonjudicial foreclosure sale invalid.

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Agreements To Indemnify & The Antideficiency Laws: Trust One V Invest Am,. 2005, Roger Bernhardt Jan 2005

Agreements To Indemnify & The Antideficiency Laws: Trust One V Invest Am,. 2005, Roger Bernhardt

Publications

This article discusses a case which held that a mortgage broker’s agreement to indemnify its mortgage banker for any loss following a foreclosure sales was not protected by California’s antideficiency laws.

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Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt Jan 2005

Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt

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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.

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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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Willful Drivel, Roger Bernhardt Nov 2001

Willful Drivel, Roger Bernhardt

Publications

This article covers California real estate transactions where “willfulness” determines liability. Six areas are included in the discussion: landlord and tenant relations, landowners, real estate sales, homeowner associations, construction, and loans.

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Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt Jan 2001

Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that a court may set aside a nonjudicial foreclosure sale when two buyers combine to restrain competition and to buy the property at an inadequate price.

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The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt Jan 2001

The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt

Publications

This article discusses a case which the court held that the California Home Equity Sales Contract Act does not apply when the homeowner does not reside in the home sold.

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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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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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Death Knell For The “Other Security” Deficiency Exception?, Roger Bernhardt Nov 1997

Death Knell For The “Other Security” Deficiency Exception?, Roger Bernhardt

Publications

This article discusses the California purchase money antideficiency prohibition, and the “other security” exception to that rule.

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One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt Aug 1997

One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt

Publications

This article discusses a California case where a junior creditor postponed its foreclosure proceedings in order to have the senior sale occur first in order to treat itself as a sold-out junior.

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