Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt
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.
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
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.
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.
One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt
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.