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 [...]
Entries Tagged as 'Residential Real Estate'
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
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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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