New Mortgage Collection Dangers
1. Limitation on What a Debt Collector Can Do Regarding Mortgage Debt As of January 1, 2020, the Rosenthal Act (Fair Debt Collection Act) now defines mortgage debt as consumer credit. In [...]
Loan Prepared by Real Estate Broker is not Exempt from Usury
1. Loan Prepared by Real Estate Broker is no Exempt from Usury A $15,000 loan was made by Burger to Gibbo, which was memorialized by a promissory note and secured by a deed of trust on Gibbo’s [...]
Oral Contract Enforced
1. Contract Will Be Enforced if it is Sufficiently Definite for the Court to Determine Each Parties’ Obligation. Yuri and Tony are Russians who are involved in a number of companies in the [...]
Huge Victory For Lender
1. Lender Induced to Make a Loan Under False Pretenses May Recover Triple the Amount Lent Even If the Borrower Is Never Criminally Convicted In the case of Bell v Feibush, the California Court of [...]
Title Priority of Trust Deeds
Simultaneously Recorded Trust Deeds Order of Recording Do Not Determine Their Priority. In the case of MTC Fin., Inc. vs. Nationstar Mortage, [2018] 19 Cal App 5th 811. The appellate court [...]
Foreclosure Abuse
Long Beach Jury Awards 30.5 Million Dollars In a Foreclosure Abuse Case Against Lender. In the case of Behm vs. Cervenka, Ms. Behm purchased a 7,400 sqft Victorian era home in Los Angeles for [...]
Open House Guidelines
Pre-dispute Jury Trial Waiver In Loan Documents Is Unenforceable Per CCP 631(f). In the case of Rincon EV Realty vs. CP III Rincon Towers the 1st District Court of Appeal held that a jury trial [...]