Recently a family law attorney in Southern California wrote to me to ask if child support judgment holders needed to also record a special request for notice (Civil Code Section 2924) after I wrote about the recent case of BANC OF AMERICA LEASING & CAPITAL, LLC, v. 3 ARCH TRUSTEE SERVICES, INC., [ (2009) 180 Cal. App. 4th 1090].The answer is [...]
Entries Tagged as 'Mailbag with Julia – California Real Estate & Lending Law Attorney'
June 18th, 2010 · No Comments · California Judgment Enforcement/Collection, Creditor's Rights in Bankruptcy, Mailbag with Julia - California Real Estate & Lending Law Attorney
April 28th, 2010 · No Comments · California Judgment Enforcement/Collection, Mailbag with Julia - California Real Estate & Lending Law Attorney
S. Family writes: "Do you know how we can get a judgment lien against a property when our judgment is in the name of the individual but the property is in the name of the individual's revocable trust?" Dear S. Family – If you already have a judgment, you should absolutely record an abstract [...]
Mailbag with Julia – "What Happens To the 2nd Loan After Foreclosure if Both Loans are Owned By the Same Bank?"
March 11th, 2010 · 2 Comments · California Lending & Mortgage Law, Mailbag with Julia - California Real Estate & Lending Law Attorney
“If the 1st and the 2nd lender are the same bank, can that lender still go after you on the 2nd loan if the 1st forecloses?” California court has held “…we hold that, where a creditor makes two successive loans secured by separate deeds of trust on the same real property and forecloses under its senior deed of trust’s power of sale, thereby eliminating the security for its junior deed of trust, section 580d of the Code of Civil Procedure bars recovery of any “deficiency” balance due on the obligation the junior deed of trust secured.”
March 3rd, 2010 · 3 Comments · California Lending & Mortgage Law, Foreclosures, Mailbag with Julia - California Real Estate & Lending Law Attorney, Trust Deeds
When I started this blog, it was an added service for my clients, but I find that I am getting constant phone calls and emails from people who are not my clients. To be clear, I work with lenders (private money investors, mortgage pools) and do not engage in borrower or debtor work. 99% of these calls and emails [...]