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172 results found

Article

Bilzin Sumberg | USA | 1 Oct 2013

City of Richmond, California backs plan to use eminent domain to seize bad mortgages

Richmond, California's leaders approved a controversial plan earlier this month to become the first municipality in the nation to use eminent domain

Article

DLA Piper | USA | 16 Aug 2013

City attempting to seize underwater mortgages via eminent domain: constitutional objections, potential investor losses

The City of Richmond, California has commenced the process for taking by eminent domain hundreds of notes secured by mortgages on underwater

Article

Chadbourne & Parke LLP | USA | 12 Apr 2011

Claims for fraudulent practices in mortgage modification program partially dismissed

In Gustavo Reyes, et al. v. Wells Fargo Bank, N.A., Case No. C-10-101667 JCS (N.D. Cal. 2011), the plaintiff homeowners filed a class action lawsuit against Wells Fargo Bank, N.A. (“Wells Fargo”) arising from Wells Fargo’s alleged mortgage practices relating to distressed residential mortgages.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 8 Dec 2010

Mechanic's lien update: lien claimants must now give owners "notice of mechanic's lien"

California contractors and material suppliers beware.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 22 Jun 2010

The California Court of Appeal narrowly interprets the Perata Mortgage Relief Act

On June 4, 2010, the California Court of Appeal issued its first important decision on the scope of California's Perata Mortgage Relief Act, passed into law in 2008 and codified at California Civil Code Sections 2923.5 and 2923.6.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 8 Jun 2010

Private action under law requiring lender to explore options before foreclosing

Does a private right of action exist under California Civil Code 2923.5, which prohibits a lender from filing a notice of default until it has contacted the borrower to "assess the borrower's financial situation and explore options for the borrower to avoid foreclosure"?

Article

Bryan Cave Leighton Paisner (Bryan Cave) | USA | 12 May 2010

Wrongful foreclosure verbal assurance that foreclosure sale will be postponed may be enforceable

The latest case following the mortgage meltdown underscores the need for lenders to be deliberate and clear in both their external and internal communications.

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