Cases: Deeds of Trust

Deeds Of Trust, Fee Clause Interpretation, Section 1717:  Attorney’s Fee Recovery Not Available To Lenders/Affiliates Based On Vague Provisions In Note And Deed Of Trust

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Section 1717

Decision Should Have Lenders Look At Lending Paperwork To Make Sure There Is A True “Prevailing Party” Clause.             In Luca v. Deutsche Bank National Trust Co., Case No. G053408 (4th Dist., Div. 3 Jan. 5, 2018) (unpublished), borrowers lost a lawsuit attempting to void the promissory note and deed of trust against lenders/affiliates based […]

Deeds Of Trust:  Wife Obtaining Property, But Not Signing Note, Was Not Liable For Attorney’s Fees Under Deed Of Trust Provisions

Cases: Deeds of Trust

Civil Code Section 1717 Prevailing Party Analysis Did Not Apply.             In Ruegsegger v. Homeward Residential, Inc., Case No. G052879 (4th Dist., Div. 3 Sept. 19, 2017) (unpublished), ex-husband solely signed a note (ex-wife did not sign), although both signed a deed of trust on property, even though ex-husband conveyed property to ex-wife through a

Deed Of Trust/Section 1717: Borrowers’ Fraudulent Inducement Claim Was Not “On The Contract” So As To Allow Recovery Under Deed Of Trust Fees Clause

Cases: Deeds of Trust, Cases: Section 1717

Characterization Of Borrowers’ Claim Was Determinative.             In Aniel v. American Home Mortgage Servicing, Inc., Case Nos. A141462/A142729 (1st Dist., Div. 4 July 21, 2017) (unpublished), borrowers challenged the nonjudicial foreclosure of rental property by alleging, but losing, a claim that lenders/related servicing entities fraudulently induced them to let the loan go into default so

Deed Of Trust/Section 1717: Borrowers’ Fraudulent Inducement Claim Was Not “On The Contract” So As To Allow Recovery Under Deed Of Trust Fees Clause

Cases: Deeds of Trust, Cases: Section 1717

Characterization Of Borrowers’ Claim Was Determinative.             In Aniel v. American Home Mortgage Servicing, Inc., Case Nos. A141462/A142729 (1st Dist., Div. 4 July 21, 2017) (unpublished), borrowers challenged the nonjudicial foreclosure of rental property by alleging, but losing, a claim that lenders/related servicing entities fraudulently induced them to let the loan go into default so

Deed Of Trust/Fee Clause Interpretation/Section 1717: $14,500 Attorney Fee Recovery In Favor Of Lenders Affirmed On Appeal

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  Plaintiff’s Claims Implicated Contract Based Claims And Broadly Worded Fees Clauses In DOT Covered Tort Claims Also.       In Kalnoki v. First American Trustee Servicing Solutions, LLC, Case No. C073207 (3d Dist. Feb. 1, 2017) (partial published; fee discussion unpublished), plaintiff lost wrongful foreclosure-related claims against a lender’s assignee/successor, with the trial judge awarding

Deeds Of Trust: Borrower’s Unsuccessful Complaint For Fraud, Wrongful Foreclosure, And Cancellation Of Trust Deed Fell Within Broadly Worded Deed Of Trust Provision

Cases: Deeds of Trust

  $37,632 In Fees To Lender Was Not Unreasonable.      Eventually, after a prior appeal where borrower got some relief, the same borrower lost on claims that the lender had defrauded him and wrongfully foreclosed, justifying damages and a cancellation of the deed of trust, based on failure to timely file an amended complaint and

Appealability, Consumer Statutes, Deeds Of Trust: Third District’s Sese Decision Now Published

Cases: Appealability, Cases: Consumer Statutes, Cases: Deeds of Trust

  Dealt With Appealability Of Denial Of Fee Award To Plaintiff Winning Preliminary Injunction Under California Homeowner Bill Of Rights.     In our post of July 30, 2016, we discussed the unpublished decision in Sese v. Wells Fargo Bank, N.A., which ruled that a plaintiff winning a preliminary injunction under the California Homeowner Bill of

Appealability, Consumer Statutes, Deeds Of Trust: Borrower’s Appeal of Trial Court’s Denial Of Fees To Borrower Winning Preliminary Injunction Under California Homeowner Bill Of Rights Was Dismissed

Cases: Appealability, Cases: Consumer Statutes, Cases: Deeds of Trust

  Borrower Appealed From A Nonappealable Interlocutory Order.      In Monterossa v. Superior Court, 237 Cal.App.4th 747, 751 (2015) [discussed in our June 14, 2015 post], the Third District decided that a borrower obtaining preliminary, rather permanent, injunctive relief under the California Homeowner Bill of Rights may be entitled to an award of attorney’s fees

Deed Of Trust/Fee Clause Interpretation: Where Junior Lienholder Paid Off And Extinguished Senior Secured Debt, Senior Lender Prevailing In Post-Payoff Action Not Entitled To Recoup Attorney’s Fees

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  DOT Fee Provision Was Specific, Not Allowing For Fee Recovery Under The Circumstances.      The next case should be of interest to real estate secured lender attorneys, counseling on what they may need to do in certain payoff/junior lienholder foreclosure situations. It also may counsel some changes to the standard deed of trust instruments

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