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Full-Text Articles in Law
Faithful Waste, Roger Bernhardt
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.
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.
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.