Tag Archives: civil code 2924

Don’t Declare Bankruptcy Before You Need To

Today, many people are deciding to declare bankruptcy. With so many people being laid off, a lot of people are deciding to file for bankruptcy but you need to realize that it is not for everyone. There are other ways … Continue reading

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Foreclosure Deed may be Voided by Mortgage Transfer or Servicing Problems

By Max Gardner A Federal District Court, in a December 7 order, has denied a motion to dismiss a homeowner’s lawsuit to set aside the nonjudicial Missouri foreclosure sale based on a deed of trust, based on allegations that 1) … Continue reading

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insider mers memo foreclosure procedures all states

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A TAKING OF PROPERTY WOULD BE OTHERWISE UNCONSTITUTIONAL

Defective Procedure The trustee’s failure to comply with the statutorily mandated procedures for a foreclosure sale is an important basis for attacking the foreclosure sale. The trustor bears the onus of establishing the impropriety of the sale, for a foreclosure … Continue reading

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MABRY tip no injunction needed to stop foreclosure TERRY MABRY et al., opinion 2923.5 Cilvil code

The court in Mabry

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Ortiz v. Accredited Home Lenders

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Docket Number available at http://www.versuslaw.com Citation Number available at http://www.versuslaw.com July 13, 2009 ERNESTO ORTIZ; ARACELI ORTIZ, PLAINTIFFS, v. ACCREDITED HOME LENDERS, INC.; LINCE HOME LOANS; CHASE HOME FINANCE, LLC; U.S. BANK … Continue reading

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Latest ruling on Civil Code 2923.5

B. Perata Mortgage Relief Act, Cal. Civ. Code § 2923.5 Plaintiffs’ second cause of action arises under the Perata Mortgage Relief Act, Cal. Civ. Code § 2923.5. Plaintiffs argue U.S. Bank is liable for monetary damages under this provision because … Continue reading

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90% Forclosures Wrongful

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. This is even more evident now since California passed the Foreclosure prevention act of 2008 SB 1194 codified … Continue reading

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Pretender Lenders

— read and weep. Game Over. Over the next 6-12 months the entire foreclosure mess is going to be turned on its head as it becomes apparent to even the most skeptical that the mortgage mess is just that — … Continue reading

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The doan deal 3

California Civil Code 2923.6: California Courts’ Negative Rulings to Homeowners. By Michael Doan on Apr 26, 2009 in Foreclosure Defense, Foreclosure News, Mortgage Servicer Abuses In September, 2008, I wrote about the new effects of California Civil Code 2923.6 and … Continue reading

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