Cases: Deeds of Trust

Costs, Deeds of Trust, Prevailing Party, Section 1717, Seriously: 4/3 DCA Affirms Mixed Results Fee Awards To One Of Two Plaintiffs Of $34,740 And A Combination Of $35,577 To Two Of Three Defendants

Cases: Costs, Cases: Deeds of Trust, Cases: Prevailing Party, Cases: Section 1717, Seriously

The Title Issue That Started It All Was Partly Corrected And Seller Resumed Payments Years Before, But The Parties Battled On All The Way To Trial – Incurring A Combined Total Of $202,299.50 In Fees, Plus Costs.             In our Mission Statement, we quote a statement made by Retired Justice Wallin in Deane Gardenhome […]

Deeds Of Trust, Requests For Admission, Section 1717: Civil Code § 1717 And Code Civ. Proc. § 2033.420 Award Of $191,619.47 In Attorney Fees And $29,345.97 In Costs To Defendants Prevailing Against Negligence And Fraud Claims At Trial Affirmed

Cases: Deeds of Trust, Cases: Requests for Admission, Cases: Section 1717

Civil Code § 1717 Fees Are Awardable In An Action To Enforce Or, As In This Case, Avoid Enforcement Of A Contract, And Plaintiff Failed To Prove He Met Any Of The Four Exceptions To The Code Civ. Proc. § 2033.420 Mandated Fee Award For His Failures To Make Admissions.             In Yoon v.

Deeds of Trust: Attorney Fees Of $60,337.83 Awarded Pursuant To Deed Of Trust Provision To Prevailing Lender Defendant Reversed On Appeal

Cases: Deeds of Trust

Deed Of Trust Provision Authorized Incurred Reasonable Attorney Fees To Become Additional Debt Secured By The Deed Of Trust, Not An Award Of Fees In A Judgment             In Bidasha v. Novastar, Case No. B290634 (2d Dist., Div. 5 October 26, 2020) (unpublished), plaintiff sued her lender for rescission or cancellation of the deed

Consumer Statutes, Deeds Of Trust: Third District Affirms Fee Award For Borrower Obtaining TRO Under California Homeowner Bill of Rights Legislation

Cases: Consumer Statutes, Cases: Deeds of Trust

Fact That Preliminary Injunction Withdrawn Did Not Alter The Result; Its Prior Decision In Bustos Found Persuasive.             In Abdulrahim v. Wells Fargo Bank, N.A., Case No. C085656 (3d Dist. Mar. 11, 2020) (unpublished), bank reiterated a lot of argument as to why a borrower prevailing under a California Homeowner Bill of Rights TRO should

Deed Of Trust, POOF!, Prevailing Party, Section 1717: $427,951.93 Fee Award Based On Deed Of Trust Fee Provision Went POOF! Because Nonjudicial Foreclosure Purchaser Relied On Trustee’s Deed Upon Sale Having No Fees Clause

Cases: Deeds of Trust, Cases: Prevailing Party, Cases: Section 1717

Purchaser’s Action Against Tax Authorities Did Not Really Focus On Deed Of Trust With Fees Clause.             CP III Rincon Towers, Inc. v. Assessment Appeals Bd. of the City and County of San Francisco (Rincon EF Realty LLC), Case No. A155714 (1st Dist., Div. 4 Dec. 17, 2019) (unpublished) shows that Civil Code section 1717”s

Deed Of Trust: Broad Deed Of Trust Fees Clause Did Allow Fee Recovery To Winning Lender, Successors, And Loan Servicer Chase

Cases: Deeds of Trust

However, Looks Like Borrower Waived The Winning Argument That The Deed Of Trust Clause Only Allowed Fees To Be Added To the Loan Amount.            Fox v. JPMorgan Chase Bank, N.A., Case Nos. B285069/B288282 (2d Dist., Div. 3 Oct. 22, 2019) (unpublished) is a decision which affirmed an attorney’s fees award under a broad deed

Consumer Statutes, Deeds Of Trust: Third District Agrees That TRO Relief Can Justify Fee Recovery To Prevailing Borrower Under The California Homeowner Bill Of Rights Even If Borrower Loses Later Preliminary Injunction

Cases: Consumer Statutes, Cases: Deeds of Trust

This Decision Tracks The Reasoning Of The Fifth District In Hardie.             In Bustos v. Wells Fargo Bank, N.A., Case No. C085657 (3d Dist. Aug. 28, 2019) (partially published), the Third District Court of Appeal agreed that a borrower obtaining a temporary restraining order (TRO) under the California Homeowner Bill of Rights (HBOR) for a

Deeds Of Trust, Fee Clause Interpretation: Narrow Nature Of Lender Fee Clauses In Promissory Note And Deed Of Trust Did Not Allow Fee Recovery To Lender Based On Wrongful Foreclosure Tort Claims

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Broader Fee Clauses Might Have Resulted In A Different Conclusion!             Byun v. Loma Linda University, Case No. E069549 (4th Dist., Div. 2 July 25, 2019) (unpublished), although unpublished, does offer some drafting tips to lenders where wrongful foreclosure cases are brought by borrowers, who prevail and then want to recoup some attorney’s fees.             

Deed Of Trust, Section 1717: Statutory Duties To Reconvey In Quiet Title Action Allowed Prevailing Party To Obtain Fees Under Contractual Clause Incorporating Those Duties

Cases: Deeds of Trust, Cases: Section 1717

Integrated Loan Document Transaction Governed The Result.             In Heier v. Barnett, Case No. G054785 (4th Dist., Div. 3 Jan. 10, 2019) (unpublished) the appellate court affirmed an award of attorney’s fees to a prevailing party under a contractual fees clause in a quiet title dispute. The appellate court affirmed the fee award. The prevailing

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