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Property Law and Real Estate

Golden Gate University School of Law

Series

Deficiency judgment

Publication Year

Articles 1 - 7 of 7

Full-Text Articles in Law

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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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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Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt Jan 2000

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.

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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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Fair Value, Roger Bernhardt May 1998

Fair Value, Roger Bernhardt

Publications

This article deals with California foreclosure, deficiency judgments, postsale redemption and fair value.

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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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