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Full-Text Articles in Law
Statutory Equitable Subrogation, Roger Bernhardt
Statutory Equitable Subrogation, Roger Bernhardt
Publications
This article discusses a Wyoming Supreme Court case which refused to accept the Restatement’s position that equitable subrogation ought to be available to refinancers even though they know or have constructive notice of intervening other creditors.
Broker Buying And Then Reselling: Roberts V Lomanto, 2003, Roger Bernhardt
Broker Buying And Then Reselling: Roberts V Lomanto, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that a seller’s real estate agent breached her fiduciary duty when she contracted to purchase the property, assigned the contract to a third party buyer, and refused to disclose to the seller the amount of the assignment fee or third party buyer’s purchase price.
Summit Financial Holdings Redux, Roger Bernhardt
Summit Financial Holdings Redux, Roger Bernhardt
Publications
This article analyzes the California case Summit Financial Holdings v. Continental Lawyers where the borrower continues to make payments to the lender after it has assigned the note to a third person.
Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt
Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt
Publications
This article discusses a California case where a mistaken assignment of a leasehold could have been avoided had a bank’s lawyers paid more attention to landlord-tenant law than to foreclosure law.
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Publications
This article discusses a California case which held that an escrow holder that who the principals’ escrow instructions owes no duty of care to nonparties to the escrow.
Paying The Wrong Debt, Roger Bernhardt
Paying The Wrong Debt, Roger Bernhardt
Publications
This article discusses a California case where a lender’s failure to obtain a proper subordination agreement constituted culpable negligence and led to the denial of equitable subrogation for the amounts advanced.