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328 results found

Article

Ballard Spahr LLP | USA | 22 May 2012

MERS has power to assign interest in deed of trust, California appeals court rules

The California Court of Appeal has ruled that the Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust.

Article

Farella Braun + Martel LLP | USA | 6 Jun 2011

Harsh result in dispute over appointed counsel

Even when carriers agree to defend an insured, policyholders and carriers can still get locked into disputes about who will provide such a defense.

Article

Ballard Spahr LLP | USA | 20 Apr 2011

California bankruptcy court: state foreclosure law trumps MERS

In yet another attack on Mortgage Electronic Registration Systems (MERS), the U.S. Bankruptcy Court for the Southern District of California has refused to allow the assignee of a deed of trust (DOT) to regain possession of a home on which it had foreclosed where the assignment had not been recorded.

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.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 9 Mar 2010

Joint venture exception to the usury laws

In Junkin v. Golden West Foreclosure Service, Inc. (Jan. 5, 2010) 180 Cal.App.4th 1150, the First District Court of Appeal affirmed the trial court's finding that because the transaction involved was a joint venture, it was exempted from the usury laws.

Article

Loeb & Loeb LLP | USA | 9 Nov 2009

California enacts law that prohibits collecting up-front fees from a consumer for loan modification or mortgage loan forbearance services

On October 11, Governor Schwarzenegger signed Senate Bill 94 into law which takes effect immediately.

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