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Articles 1 - 6 of 6
Full-Text Articles in Law
Death Knell For The “Other Security” Deficiency Exception?, Roger Bernhardt
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.
Not Otherwise In Default, Roger Bernhardt
Not Otherwise In Default, Roger Bernhardt
Publications
This article contrasts prepayment and late payment charges involved in a California case where a lender imposed a $115,000 prepayment charge because the mortgagor was late in an earlier installment payment.
One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt
One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt
Publications
This article discusses a California case where a junior creditor postponed its foreclosure proceedings in order to have the senior sale occur first in order to treat itself as a sold-out junior.
Solomonic Priority, Roger Bernhardt
Solomonic Priority, Roger Bernhardt
Publications
This article discusses the effect on priority in California when a senior lender modifies its loan to capitalize arrearages without consent of the junior.
Trading Mortgages For Judgments Against Community Property, Roger Bernhardt
Trading Mortgages For Judgments Against Community Property, Roger Bernhardt
Publications
This article discusses the incompatibility between California Family Code sections that require the signature of both spouses to lease, convey, or encumber community real property, but also make the community property liable for the debts of either spouse.
Prudence Or Paranoia?, Roger Bernhardt
Prudence Or Paranoia?, Roger Bernhardt
Publications
This article discusses a California case that implicitly imposed a duty to inquire as to whether a recorded loan is inferior to another unrecorded and unknown loan.