Cases: Deeds of Trust

Deeds Of Trust/Fee Clause Interpretation: Plaintiff Losing Tortious Wrongful Foreclosure Claim Against Foreclosing Trustee Gets Hit With $1.256 Million Fee Award

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  Deed of Trust Language Was Expansive Enough to Cover Prevailing Trustee.      For any litigators practicing in the real estate area, we are aware of the extremely broad nature of deed of trust language, which is very pro-beneficiary (the lender usually) or pro-trustee (a title company imbued with authority to nonjudicially foreclose under certain […]

Deeds of Trust/POOF!: Trial Court’s Judicial Imposition Of Lien On Future Third Party Tortfeasor Monetary Recovery, Including Fee And Costs Awards, Goes POOF! On Appeal

Cases: Deeds of Trust, Cases: POOF!

  Judicial Lien Imposition Found to be the Equivalent of an Improper Deficiency Judgment.      Borrower/former owner of San Diego property damaged by 2007 wildfires was nonjudicially foreclosed out of the property by a junior lienholder, which held the property for a couple of years before losing it to a foreclosing senior lienholder. Former owner

Deeds Of Trust: Borrowers Subject To Improper “Dual Tracking” Can Now Obtain Attorney’s Fees In Addition To Damages/Penalties Under Homeowner Bill Of Rights Effective January 1, 2013 Against Certain Foreclosing Lenders

Cases: Deeds of Trust, In The News, Legislation

       Co-contributor Marc noticed a somewhat chilling story about borrowers who successfully won a fraudulent “dual tracking” case against OneWest Bank. (“Dual tracking” is the nomenclature for the practice by which some lenders simultaneously pursued foreclosure remedies while attempting loan modification negotiations with borrowers.)      According to an October 31, 2012 story in the

Deeds Of Trust/Fee Clause Interpretation/Section 1717: Prevailing Lender Either Did Make Sufficient Demand For Payment Of Fees/Costs Or Demand Requirement Excused

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

  $101,380 Fee Award Affirmed in Case Where $220,978.34 Monetary Judgment Was Entered Earlier.      Defendant borrowers lost a judicial foreclosure proceeding, an equitable claim that was bifurcated and heard first by the trial court, to the tune of $220,978.34, plus attorney’s fees and costs based on fee clauses in the operative loan documents. Later,

Allocation/Deeds Of Trust/Prevailing Party: Real Estate Seller Lienholders Did Prevail Ultimately In Judicial Foreclosure/Accounting Actions

Cases: Allocation, Cases: Deeds of Trust, Cases: Prevailing Party

  $332,697.80 Fee Award Resulted From Fee Clauses In Trust Deed/Promissory Note For 5 Year Old-Plus Litigation Over Sellers’ Carryback Loan.      Goradia v. Vega, Case No. B228128 (2d Dist., Div. 2 Mar. 5, 2012) (unpublished) again demonstrates that the “prevailing party” determination under Civil Code section 1717 is a pragmatic one, with trial and

Lender Trust Deeds And Beneficiary Payoff Demand Statute: Court Of Appeal Rules On Fee Recovery By Lender Against Nonassuming Debtor And By Debtor For Winning Payoff Beneficiary Demand Claim

Cases: Deeds of Trust, Cases: Special Fee Shifting Statutes

  Second District, Division 8 Affirms Fee Recovery Addition to Note/Trust Deed in Lender’s Favor, But Finds Debtor Shows No Fee Entitlement Authority for Winning Payoff Demand Count.      Here is a case for all of you banking/creditor attorneys arising out of an interesting lawsuit that produced somewhat splintered results. However, it demonstrates that fee

Civil Code Section 1717: Plaintiff Losing Forbearance Agreement Breach Lawsuit Hit With $48,877.50 Fees/Costs Award

Cases: Deeds of Trust, Cases: Section 1717

Fourth District, Division 3 Affirms Lower Court Fees/Costs Award.      Here is a sign of the times. Delinquent borrower enters into a Forbearance Agreement with lender. There is a mistaken tax refund paid to lender as part of the forbearance that gets disgorged, with borrower indicating that lender took a risk with respect to paying

Wrongful Foreclosure And Home Improvement Case: Fees Are Sustained And Remanded For Calculation In Wild Decision Out Of The Second District

Cases: Allocation, Cases: Deeds of Trust, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Section 1717 Fees Are Affirmed As to Husband, Reversed and Remanded As to Wife; Home Improvement Statutory Fees Are Affirmed As to Both Husband and Wife.      Talk about a wild one. If any of you readers believe that legal cases do not mimic real life, you need to read and stay tuned for our

Settlement Stipulation Calling For Deed Of Trust Implicitly Bound Defaulting Party To Fees Clause Even Though Stipulation Had No Such Clause

Cases: Deeds of Trust, Cases: Settlement

Second District, Division Four So Holds in Interesting Settlement Stipulation Default Dispute.      In past posts, we have explored some cases that hold the absence of a fees clause in a settlement stipulation prevents a creditor from obtaining a fee recovery after the debtor defaults. See our October 29, 2008 post on Stansbury and Execute

Deeds of Trust: Post-Foreclosure Lender Entitled To Recovery of Attorney’s Fees Under Trust Deed Provision

Cases: Deeds of Trust

Fourth District, Division Two Finds Borrower’s Post-Foreclosure Unsuccessful Challenge Required Award of Fees to Foreclosing Lender.      The next case should be of interest to lenders in these days where borrowers are “pulling out” all the stops after a foreclosure to regain possession of the foreclosed property. The lender in the next case was denied

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