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Golden Gate University School of Law

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Antideficiency

Articles 1 - 7 of 7

Full-Text Articles in Law

New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt Jan 2011

New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt

Publications

This article discusses the addition of CCP 580e to the current antideficiency statutes, the kinds of borrowers protected and lenders affected. The article coves the new 580e exceptions and the protection it provides in short sales.

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Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer Jul 2010

Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer

Publications

This article examines SB 1178 and its potential to significantly modify the CCP 580b antideficiency rule..

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Faithful Waste, Roger Bernhardt May 2001

Faithful Waste, Roger Bernhardt

Publications

This article discusses the interaction of waste and antideficiency statutes in California as to financial waste. The critical inquiry is whether the waste was done in bad faith.

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Foreclosure Shortfalls, Roger Bernhardt Aug 1998

Foreclosure Shortfalls, Roger Bernhardt

Publications

This article discusses California cases where buyers successfully sued sellers for fraud, but offsets then entitles the sellers to foreclose.

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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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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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