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Full-Text Articles in Law
Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt
Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that a slightly premature service of notices of a nonjudicial foreclosure sale did not invalidate the sale when the trustor was not prejudiced thereby..
Reforming Foreclosure: The Uniform Nonjudicial Foreclosure Act, Dale A. Whitman, Grant S. Nelson
Reforming Foreclosure: The Uniform Nonjudicial Foreclosure Act, Dale A. Whitman, Grant S. Nelson
Faculty Publications
The Uniform Nonjudicial Foreclosure Act is one of the few creative approaches to mortgage foreclosure to emerge in many decades. In this Article, the authors examine why uniformity in foreclosure law among the states in desirable and, accordingly, advocate foreclosure reform. They analyze the Act, promulgated in 2002, giving specific attention to the Act's new methods of foreclosure by negotiated sale and by appraisal. They also examine the Act's numerous special protections for residential debtors and consider the effectiveness of the Act's procedures concerning subordinate leases, titles arising from foreclosures, surpluses and deficiencies resulting from foreclosures, and fairness of foreclosure …