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85 results found

Article

Sheppard Mullin Richter & Hampton LLP | USA | 1 Mar 2016

California Supreme Court Opens Door For Wrongful Foreclosure Lawsuits and Challenges to Transfers of Mortgages: Practical Implications and Options Moving Forward

In Yvanova v. New Century Mortgage Corporation et al, the Supreme Court of California reversed the Court of Appeal’s ruling, and held that a borrower

Article

Sheppard Mullin Richter & Hampton LLP | USA | 9 Jan 2015

No change of position, no estoppel

Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones

Article

Sheppard Mullin Richter & Hampton LLP | USA | 25 Aug 2014

Bundled discounts subject to Section 1Clayton 3 scrutiny in the absence of market power and substantial foreclosure?

Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both

Article

Sheppard Mullin Richter & Hampton LLP | USA | 20 May 2014

Does a consumer’s exercise of a rescission right mean that the loan is automatically rescinded? Perhaps not, according to one federal court, if the consumer does not also file a lawsuit for rescission

In Baker v. Bank of America, N.A., No. 5:13-CV-92-F, 2014 U.S. Dist. LEXIS 9578 (E.D.N.C. Jan. 27, 2014), the United States District Court for the

Article

Sheppard Mullin Richter & Hampton LLP | USA | 29 Jan 2014

If it’s not in writing, it didn’t happen: oral promises to modify a loan are not enforceable

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v

Article

Sheppard Mullin Richter & Hampton LLP | USA | 20 Sep 2013

Unrealized gains: integrated employment agreement bars employee's recovery of additional compensation

In Volpe v. Interpublic Group of Companies, Inc., No. 6523082012, Judge Eileen Bransten granted defendant The Interpublic Group of Companies, Inc.'s

Article

Sheppard Mullin Richter & Hampton LLP | USA | 7 Jun 2013

Delaware court provides critical guidance as to the commercial reasonableness of a UCC Article 9 foreclosure sale

Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower's default. Article 9, Part 6 of the Uniform

Article

Sheppard Mullin Richter & Hampton LLP | USA | 4 Feb 2013

California court holds that borrowers may enjoin a foreclosure if a lender fails to meet servicing guidelines

In Pfeiffer v. Countrywide Home Loans, --- Cal.Rptr.3d ----, 2012 WL 6216039 (Dec. 13, 2012), mortgage borrowers filed a damages claim against a

Article

Sheppard Mullin Richter & Hampton LLP | USA | 12 Dec 2012

California Homeowner Bill of Rights: a new mortgage law for the new year

The California Homeowner Bill of Rights (“HBR”) goes into effect on January 1, 2013.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 30 Jul 2012

Court of Appeal reaffirms MERS' ability to foreclose, holds that recorded documents do not overcome a specifically pled violation of Section 2923.5

In Skov v. U.S. Bank N.A., 2102 WL 2549811 (June 8, 2012), the Court of Appeal reversed the trial court’s decision to sustain a demurrer against plaintiff Andrea Skov’s second amended complaint, holding that she had stated a claim for violation of Civil Code Section 2923.5, which requires a lender to contact a defaulted borrower to discuss alternatives to foreclosure before starting a nonjudicial foreclosure by recording a notice of default.

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