Cases: Deeds of Trust

Deeds Of Trust, Prevailing Party, Section 1717: Where Lender Did Get Ruling Saying Plaintiff Had To Repay Loan, That Was A Prevailing Party Determination

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

Section 1717 Governed In This One, Given Broad Fees Clause In Deed Of Trust.             In PNG Investments, Inc. v. RG Real Estate Investments, Case No. B280229 (2d Dist., Div. 3 Nov. 20, 2018) (unpublished), plaintiff/cross-defendant won a real estate loan dispute against defendant/cross-complainant. Later, the trial judge awarded plaintiff/cross-defendant contractual attorney’s fees under a […]

Consumer Statutes, Deeds Of Trust: Trial Court’s Award Of Almost $13,000 To Borrower Obtaining Preliminary Injunction Under California Homeowner Bill Of Rights (HBOR) Affirmed On Appeal

Cases: Consumer Statutes, Cases: Deeds of Trust

Fee Award Based On Interim Success Sustained.             We have posted earlier on the sequence of events in Sese v. Wells Fargo Bank, N.A., Case No. C083724 (3d Dist. Oct. 31, 2018) (unpublished). Earlier, the borrower had obtained an appellate decision determining that HBOR authorized an award of legal fees to borrowers who obtained a

Deeds of Trust: And Now The Second District, Div. 5, Holds That Deed Of Trust Authorizes Adding Attorney Fees To Loan Amount, Not A Separate Award To Pay Fees

Cases: Deeds of Trust

Opinion Reaches Same Conclusion As The Hart Case Did A Day Earlier.             In an opinion certified for partial publication, the Court of Appeal holds that section 9 of the standard deed of trust authorizes adding attorney fees to the loan amount, not a separate award to pay fees, reversing the trial court. Chacker v.

Deed Of Trust: Fee Clause In Deed Of Trust Was Broad Enough To Allow Prevailing Trustee Fees In Set Aside Suit Both At The Trial And Appellate Levels

Cases: Deeds of Trust

Appellate Fees Were Also Recoverable From Prevailing In Earlier Appeal.             Borrowers need to be careful when including deed of trust trustees in set-aside trustee sale foreclosure suits, even when they do not file a non-monetary declaration to avoid being entangled in such a lawsuit. In the next case, trustee obtained a summary judgment, including

Deed Of Trust, Fee Clause Interpretation: Deed Of Trust Fees Clause Did Not Justify Recovery To Successful Litigant Really Suing For Real Estate Option To Purchase Agreement Lacking A Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Deed Of Trust Fees Clause Was Not Broad Enough To Encompass Real Estate Option Dispute.             We have somewhat, on a syllogistic basis, indicated how one can achieve success on a fee petition in past posts—and we may give more clues to follow in future posts. However, the first element is FEE ENTITLEMENT. You need

Deeds Of Trust/Fee Clause Interpretation: Deed Of Trust Fees Clause Was Broadly Worded So As To Entitle Lender To Attorney’s Fees Award Against Borrower

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

$45,263.33 Was The Award After A Dismissal Based On Plaintiff Not Appearing At Trial.             In Kleidman v. RFF Family Partnership, L.P., Case No. B268541 (2d Dist., Div. 4 July 10, 2018) (unpublished), plaintiff failed to appear at a scheduled trial such that his case against a lender was dismissed, a determination affirmed on appeal.

Deeds Of Trust/Fee Clause Interpretation: Broadly Worded Trust Deed Fees Clause Allowed For Fee Recovery By Lienholder Under Second Loan Based On Both Contract And Tort Theories

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

“To Protect Lien” Under Deed Of Trust Fees Clause Was Viewed As Broad In Ambit.             In Arefi v. JP Morgan Chase Bank, Case No. B263947 (2d Dist., Div. 7 July 2, 2018) (unpublished), a borrower brought various causes of action to set aside/cancel a trustee’s sale, to quiet title, and to obtain recovery under

Assignment, Deed Of Trust, Fee Clause Interpretation:  Defendant Lender Entitled To Fee Award Under Deed Of Trust Fees Clause For Winning Conversion Claim Against Plaintiff’s Assignee

Cases: Assignment, Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Fees Clause Was Broad Enough To Encompass Conversion Claim And Assignees Were “On The Hook.”             In Sanchez v. El Monte Investments, LLC, Case No. B276423 (2d Dist., Div. 5 Mar. 27, 2018) (unpublished), former property owner sued her lender for conversion of certain insurance proceeds retained by the lender after fire damage to the

Allocation/Deed Of Trust/Section 1717:  Lender Appropriately Awarded $60,000 In Borrower Dispute Under Section 1717

Cases: Allocation, Cases: Deeds of Trust, Cases: Section 1717

Trial Judge Allocated Compensable Fees Lower From The $128,187.50 Attorney’s Fee Request.             In Rufini v. CitiMortgage, Inc., Case Nos. A148049/A149410 (1st Dist., Div. 3 Jan. 30, 2018) (unpublished), borrower lost a loan dispute against lender.  Lender then sought $128,187.0 in attorney’s fees under a deed of trust fees clause, with the trial judge eventually

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