Cases: Deeds of Trust

Deed of Trust Fee Clause: Successor Borrower Assuming Loan Without Lender Consent Held Subject To Fee Award Exposure

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

Fourth District, Division Two Holds Successor Bound By Fee Clause in Loan Documents.             In this interesting time of economic woes, there are many persons who “assume” loans from borrowers without lender consent.  Not only can this practice likely trigger “due on sale” clauses, it also may expose the successor borrower to […]

Judicial Foreclosure Actions—Attorney’s Fees Are Added to the Loan Indebtedness for Purposes of Calculating Deficiency and Fee Exposure

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

Second District Rejects Borrower’s Argument That Contractual Fees Incurred by Lender Are Excluded from Deficiency Calculation.             In this time of subprime lending fallout and rising foreclosures, judicial foreclosures are making a comeback, as they typically do when market values plunge.  Lenders on commercial and investment residential projects frequently opt to pursue

POST-FORECLOSURE LENDERS BEWARE: TRUST DEED FEE PROVISIONS MAY NOT GET YOU ATTORNEYS FEES.

Cases: Deeds of Trust

Unpublished Second District Decision Denies Attorney’s Fees to Successful Lender in Wrongful Foreclosure Suit Where Trust Deed Provisions Are Narrowly Crafted.             Lenders beware!  Even in the wake of subprime fallout, do not count on your trust deed provisions regarding attorney’s fees to guarantee success even where you prevail in wrongful foreclosure

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