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Golden Gate University School of Law

One action rule

Articles 1 - 11 of 11

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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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Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt Jan 2001

Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt

Publications

This article discusses a California case which held an arbitration clause in a reverse mortgage unenforceable because it was procedurally and substantively unconscionable.

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Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt Jan 2001

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.

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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

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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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Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt Jan 2000

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.

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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

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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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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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Trading Mortgages For Judgments Against Community Property, Roger Bernhardt May 1997

Trading Mortgages For Judgments Against Community Property, Roger Bernhardt

Publications

This article discusses the incompatibility between California Family Code sections that require the signature of both spouses to lease, convey, or encumber community real property, but also make the community property liable for the debts of either spouse.

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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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Alliance Mortgage: Partial Answers About Full Credit Bids, Roger Bernhardt Nov 1995

Alliance Mortgage: Partial Answers About Full Credit Bids, Roger Bernhardt

Publications

This article discusses the dangers of making full credit bids in California.

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