February 24, 2016
Challenging Wrongful Foreclosures
The California Supreme Court issued an opinion a few days ago that has been getting a lot of attention, Yvanova v. New Century Mortgage Corp., S218973 (Feb. 18, 2016). The opinion opens by noting that The collapse in 2008 of the housing … Continue reading
February 24, 2016 in California | Permalink | No Comments
July 25, 2014
California Court Denies Plaintiffs’ Claims for Breach of Express Agreements, Breach of Implied Agreements, Slander of Title, Wrongful Foreclosure, and Violations of California Civil Codes
The court in deciding Zapata v. Wells Fargo Bank, N.A., 2013 U.S. Dist. (N.D. Cal. Dec., 2013) dismissed the plaintiff’s action for failure to state a claim. This action boiled down to an attempt made by the plaintiff to avoid … Continue reading
July 25, 2014 in California | Permalink | No Comments
June 25, 2014
California Court Denies Claims that Deficiencies Rendered any Security Interest in the Deed of Trust Invalid
The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist. (S.D. Cal., 2013) ultimately found that the plaintiffs’ claims premised upon the securitization of the loan and violations of the PSA were to be dismissed. The … Continue reading
June 25, 2014 in California | Permalink | No Comments
May 27, 2014
California Court Rejects Improper Pooling and Servicing Agreement Argument Brought by Plaintiffs
The court in deciding Sollenne v. United States Bank Nat’l Ass’n, 2013 U.S. Dist., (S.D. Cal., 2013) dismissed the plaintiffs’ claims. Plaintiffs alleged three causes of action: 1) quiet title; 2) declaratory relief to determine the validity of the deed … Continue reading
May 27, 2014 in California | Permalink | No Comments
May 24, 2014
California Court Holds that the Securitization of Mortgage Loan did not Nullify Rights Granted Under Deed, Including the Right to Foreclose
The court in deciding Rivac v. Ndex West LLC, 2013 U.S. Dist. (N.D. Cal. Dec. 17, 2013) granted the motion to dismiss tendered by the defendant. Plaintiffs filed a complaint that alleged eight causes of action including; (1) breach of … Continue reading
May 24, 2014 in California | Permalink | No Comments
April 15, 2014
Open Season on Homeowners
A case coming out of California, Peng v. Chase Home Finance LLC et al., No. B245436 (California Courts of Appeal Second App. Dist., Div. 8, April 8th, 2014, has attracted a lot of attention in the blogosphere. This is particularly … Continue reading
April 15, 2014 in California | Permalink | No Comments
March 17, 2014
United States District Court Dismisses RICO and FDCPA Claims
The court in deciding Koenig v. Bank of Am., N.A., 2013 U.S. Dist. (E.D. Cal., 2013) ultimately granted the defendant’s motion to dismiss. Plaintiff Philip A. Koenig commenced this action against defendant Bank of America. Plaintiff alleged causes of action … Continue reading
March 17, 2014 in California | Permalink | No Comments
