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Golden Gate University School of Law

Publications

Trustee sale

Articles 1 - 8 of 8

Full-Text Articles in Law

Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt Jan 2005

Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt

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This article discusses a California case which held that an experienced investor in foreclosed proprieties who purchased significantly below market value, was nonetheless a bona fide purchaser.

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Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt Jan 2004

Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt

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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.

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Balancing The Automatic Stay, Roger Bernhardt, James Stillman Jul 2003

Balancing The Automatic Stay, Roger Bernhardt, James Stillman

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This article discusses a Ninth Circuit Bankruptcy Appellate Panel decision holding that purchasers at a trustee sale can successfully have the stay that originally prohibited the sale annulled if the court finds that the equities are in their favor.

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Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt Jan 2003

Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt

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This article discusses a California case which held that a purchaser at a foreclosure sale acquires good title to property, despite the defaulting borrower’s sale of the property on the same day, when the lender did not receive the payoff funds until after the foreclosure sale.

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Faithful Waste, Roger Bernhardt May 2001

Faithful Waste, Roger Bernhardt

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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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Setting Aside Foreclosure Sales, Roger Bernhardt Mar 2001

Setting Aside Foreclosure Sales, Roger Bernhardt

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This article discusses when a foreclosure sale is complete and insulated from challenges to have it set aside, as well as what are sufficient grounds to stop or set aside a sale.

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Foreclosure Shortfalls, Roger Bernhardt Aug 1998

Foreclosure Shortfalls, Roger Bernhardt

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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

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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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