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- Deficiency judgment (4)
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Articles 1 - 9 of 9
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.
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.
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a landlord has a duty to take minimally burdensome steps to remove an unauthorized guest from an apartment building if his behavior poses a likelihood of violent crime on the premises.
Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt
Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt
Publications
This article discusses and analyzes a California Supreme Court case which held that restitution is the only monetary remedy for improper security deposits.
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.
Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt
Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a document severing a joint tenancy is deemed recorded only when all recording prerequisites have been met.
Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt
Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a tenant who executes an estoppel certificate is bound by the certificate’s declarations, even if they vary from the original lease terms.
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.