Cases: Deeds of Trust

Deed Of Trust, Fee Clause Interpretation, POOF!: One Action Rule Barred Award Of Attorney’s Fees To Lender Based On Wording In Trust Deed Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!

  Result Was That Trial Court’s Award Of $175,000 In Fees Went POOF!      The lender in HSBC Bank, USA v. Wells Fargo Bank, N.A., Case No. B266405 (2d Dist., Div. 6 May 16, 2016) (unpublished) likely was surprised by the result in this case, but it also shows you how powerful the one action […]

Consumer Statutes/Deeds Of Trust: Where Borrower Was Granted Erroneous TRO Under Homeowner Bill Of Rights, $14,000 Fee Award Under Bill Of Rights Went POOF!

Cases: Consumer Statutes, Cases: Deeds of Trust, Cases: POOF!

  Predicate for Fee Entitlement Evaporated.      In our June 14, 2015 post, we discussed the Third District’s decision in Monterossa v. Superior Court, 237 Cal.App.4th 747, 754 (2015), which decided that attorney’s fees were properly awarded to a borrower obtaining a preliminary injunction against lender “dual tracking” under Civil Code section 2924.12(i) (the Homeowner

Deed Of Trust: Borrower Proving Loan Modification Case Entitled To $188,100 Fee Award Under Note/Deed Of Trust Clauses

Cases: Deeds of Trust

  Implied Covenant/Modification Claim Arose Out Of Note And Deed Of Trust.      In Bergman v. JP Morgan Chase Bank, N.A., Case No. E060148 (4th Dist., Div. 2 Sept. 30, 2015) (unpublished), borrower won an implied breach of covenant claim, based on a loan modification, against lender, receiving $250,000 in compensatory damages on this and

Costs, Deeds Of Trust, Fee Clause Interpretation, Prevailing Party, Section 1717: Deed Of Trust Trustee Did Prevail Under Civil Code Section 1717 Where It Defensed Tort Claims And It Took Neutral Position On Contractual Claim Under Broadly Worded Fees Cla

Cases: Costs, Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  POOF!:  Award of Fees/Costs To Plaintiff Reversed, With Remand To Award Fees/Costs To Prevailing Trustee.      Torigian v. WT Capital Lender Services, Case No. F068393 (5th Dist. June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

Consumer Statutes, Deeds of Trust: Borrower Obtaining Preliminary Injunction Under “Dual Tracking” Prohibition Fee Shifting Statute Erroneously Denied Fees

Cases: Consumer Statutes, Cases: Deeds of Trust

  Civil Code Section 2924.12(i) Did Allow Fee Entitlement.      In response to the residential subprime meltdown, the California Legislature prohibited “dual tracking,” namely, recording a notice of trustee’s sale while simultaneously engaging in a loan modification process, with injunctive and damages relief being allowed depending on when the trustee’s sale notice was recorded. Injunctive

Deed Of Trust, Section 1717: Plaintiff’s Post-Foreclosure Challenges To Sheriff’s Sale Was Not “On The Contract” For 1717 Fee Purposes

Cases: Deeds of Trust, Cases: Section 1717

  $63,120 Fee Award Reversed.      The Second District, Division 5, in Vega v. Goradia, Case No. B254585 (2d Dist., Div. 5 Feb. 26, 2015) (unpublished), confronted a $63,120 fee award to a prevailing defendant in an action brought by a plaintiff making certain post-foreclosure challenges to a sheriff’s sale (such as alleged notice of

Deeds Of Trust/Section 1717: Fee Denial Against Trustee Sale Third Party Purchaser Affirmed, But Fee Denial Against Purchaser Assuming Trustor Position On Senior Trust Deed With Fees Clause Reversed

Cases: Deeds of Trust, Cases: Section 1717

  Split Decision For Third Party Purchaser At Trustee’s Sale Involving Second Deed of Trust.      Nonsignatory plaintiff purchased a property at a trustee’s sale of a junior lienholder, eventually bringing an action to sue certain defendants to determine amounts owed under the first (senior) deed of trust and set aside the trustee’s sale of

Deeds Of Trust/Section 1717: Junior Lienholders Stepping Into Shoes Of Primary Residential Obligors Had Fee Exposure To Winning Senior Lienholders

Cases: Deeds of Trust, Cases: Section 1717

  Nonsignatory Junior Lienholders Effectively “Stepped Into Shoes” of Primary Obligors.      Skordoulis v. Fidelity Nat’l Title Co., Case No. D065947 (4th Dist., Div. 1 Sept. 9, 2014) (unpublished) is a nice example of “be careful of what you ask for/what you lose” when an attorney fee battle happens after you as a litigant do

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