Get the dirt on California's Grittiest Real Estate Lending and Foreclosure law blog!

Palo Alto real estate attorney Julia Wei providing commentary & insight into trends in California real estate law & lending law, mortgages & foreclosures.

Entries Tagged as 'Foreclosure Defense Lawsuits'

Why Lenders, Loan Servicers and Trustees Need to Understand the Intengan Case

April 1st, 2013 · No Comments · Foreclosure Defense Lawsuits, Foreclosures, Residential Real Estate, Trust Deeds

 Today my colleague Simon Offord published a short case update in our firm’s monthly newsletter* regarding the case of Intengan v. BAC Home Loans Servicing (March 22, 2013). He writes: “… the 1st District Court of Appeal recently held that a homeowner may pursue a wrongful foreclosure claim against a loan servicer even though the […]

Share

[Read more →]

Tags:

Mortgage Lender Bulletin – Recent Cases in Borrower Lawsuits Signal a Turning of the Tides

January 17th, 2012 · 2 Comments · California Lending & Mortgage Law, Foreclosure Defense Lawsuits, Foreclosures, Trust Deeds

By: Julia M. Wei, Esq. A series of cases have come down in the last few weeks that have some very serious ramifications for lenders. The most dramatic case is that of Lona v. Citibank, based on a property right here in my back yard. The fact pattern in Lona is that the bank foreclosed […]

Share

[Read more →]

Tags:

MERS – California shoots down the borrower lawsuits, again.

September 14th, 2011 · No Comments · California Lending & Mortgage Law, Foreclosure Defense Lawsuits, Foreclosures, Trust Deeds

   In other parts of the country, and in bankruptcy court, borrowers have had some success with the argument that since MERS is a “nominee” and “nominee” is not defined in the loan documents, that it does not have standing to initiate foreclosure. That argument has been far less successful in California, in large part […]

Share

[Read more →]

Tags:

In California, a Foreclosure Sale is Final–Except when the Judge Says It Isn’t.

September 7th, 2011 · 1 Comment · California Lending & Mortgage Law, Creditor's Rights in Bankruptcy, Foreclosure Defense Lawsuits, Foreclosures, Trust Deeds

The law in California on non-judicial foreclosures has been pretty firm for some time – the Trustee’s Sale is FINAL as to a bona fide purchaser for sale if the Trustee’s Deed is issued and recorded within 15 days of the sale.  At least until one bankruptcy judge in California’s Central District disagreed. The Relation […]

Share

[Read more →]

Tags:

California Attorney General Sues “Mass Action” Lawyers

August 23rd, 2011 · 3 Comments · California Lending & Mortgage Law, Current Affairs, Foreclosure Defense Lawsuits, Foreclosures

 It’s bad enough when people are dealing with their underwater properties, but to then have attorneys tell them to join these “mass action” lawsuits like it’s a silver bullet to stop the foreclosure sale is egregious.  Apparently, the Attorney General thought so too and she sued them and the law firms have been placed into […]

Share

[Read more →]

Tags:

SETTING ASIDE A FORECLOSURE SALE IN CALIFORNIA – An Uphill Battle for Borrowers

January 6th, 2011 · 13 Comments · California Lending & Mortgage Law, Creditor's Rights in Bankruptcy, Current Affairs, Foreclosure Defense Lawsuits, Foreclosures, Mortgage Fraud, Trust Deeds

By: Julia M. Wei, Esq. Dear Readers – Happy New Year! This marks my 100th post. I am still frequently getting calls from borrowers who say they have read my blog and have questions about challenging a foreclosure. I am not totally convinced they read my blog because I often say that I work for […]

Share

[Read more →]

Tags:

Fed Proposed Changes to Truth In Lending to Curb Rescission–really?

December 21st, 2010 · No Comments · California Lending & Mortgage Law, Foreclosure Defense Lawsuits, Foreclosures, Mortgage Fraud, Trust Deeds, Uncategorized

I do a lot of defense work, and readers of this blog know that I work primarily for private lenders (not institutional lenders).  This means I defend against a lot of TILA rescission claims.  The current state of TILA rescissions is somewhat murky with circuit courts across the nation having to fill in the logistical […]

Share

[Read more →]

Tags:

More on MERS – Another Bankruptcy Court Strikes Bank’s Claim

November 22nd, 2010 · No Comments · Creditor's Rights in Bankruptcy, Current Affairs, Foreclosure Defense Lawsuits, Foreclosures, Trust Deeds

Last week, New Jersey Bankruptcy court judge, the Hon. Judith Wizmur granted debtor John Kemp’s application to expunge Countrywide’s proof of claim.  Countrywide’s successor Bank of New York filed a proof of claim in Kemp’s bankruptcy, which is typical in a bankruptcy proceeding.  However, borrowers and their bankruptcy counsel are becoming more aggressive in scrutinizing […]

Share

[Read more →]

Tags:

Watching the Robo Signing Litigation – Davis v. Countrywide, Bank of America, et al. Developments

November 15th, 2010 · No Comments · Current Affairs, Foreclosure Defense Lawsuits, Foreclosures, Mortgage Fraud

     The Davises sued their lender in Federal Court alleging violations of the Racketeering Act (RICO) and the Federal Fair Debt Collection Practices Act. Essentially, they claimed they were damaged because the bank employees were “robo-signers” on their foreclosure documents and that the foreclosure affidavits were fraudulent.      However, the plaintiffs lost their home in […]

Share

[Read more →]

Tags: