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 'Residential Real Estate'

What Happens to an Abstract of Judgment When the Debtor Files Bankruptcy?

August 7th, 2013 · No Comments · California Judgment Enforcement/Collection, Creditor's Rights in Bankruptcy, Residential Real Estate

 By: Julia M. Wei, Esq. Normally when a party wins at trial, all the prevailing party has is a judgment. It takes more than the issuance of a judgment to get paid on it if the debtor is being evasive. In order to “perfect” the judgment, the judgment creditor can and should request the court […]

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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 […]

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What You Didn’t Hear About the Fiscal Cliff Vote – Mortgage Debt Relief

January 4th, 2013 · No Comments · California Lending & Mortgage Law, Current Affairs, Foreclosures, Residential Real Estate, Trust Deeds

By Julia M. Wei, Esq. Buried in the New Year’s Day bill was SEC. 202, which extended the Mortgage Debt Forgiveness Relief Act through 2013. Except, the section was cryptically called “EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.” That means for homeowners who were approved for short sales or […]

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California Passes “Homeowner Bill of Rights” Legislation

July 2nd, 2012 · No Comments · California Lending & Mortgage Law, Current Affairs, Foreclosures, Residential Real Estate, Trust Deeds

 With much fanfare, the Attorney General’s office announced today the passage of a collection of bills intended to protect homeowners who are attempting a loan modification.   Among the key provisions, the statutes will: -Require creditors to provide documentation to a borrower that establishes the creditor’s right to foreclose on real property prior to recording […]

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Foreclosure Investors: Getting Relief When the Occupant Files for Bankruptcy

May 21st, 2012 · No Comments · Co-Ownership of Real Property, Creditor's Rights in Bankruptcy, Foreclosures, Residential Real Estate

 By: Julia M. Wei, Esq. What happens when you buy a property at a trustee’s sale in California and the borrower files for bankruptcy? Foreclosure Buying and Bankruptcy by: dirtblawg  FORECLOSURE INVESTMENT PROPERTY / BANKRUPTCY Client: Do you remember that investment property I bought at a foreclosure sale? Real Estate Attorney: I think so, was […]

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The “For Sale By Owner” (FSBO) Transaction – the Duty of Disclosure

May 18th, 2012 · No Comments · Residential Real Estate

 Sellers are usually better off when they work with a reputable listing agent.  However, in transaction where the seller has already found their own buyer and the parties have agreed upon the price, the parties usually do not have any brokers involved.   The biggest thing to watch for in those FSBO deals is that […]

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