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Central to Bustos’ application was a “blatant violation” of the HBOR’s prohibition against dual tracking--when a mortgage servicer continues foreclosure proceedings while reviewing a homeowner’s application for a loan modification.
29 kwi 2015 · They are: “(1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges ...
Plaintiff alleged defendants (Bank of America, Wells Fargo Bank, Citibank and the Mortgage Electronic Registration Systems, Inc. (MERS)) wrongfully foreclosed on his home. The trial court sustained a demurrer to a third amended complaint and entered a judgment of dismissal.
15 lut 2013 · We reject this thesis: there is no reason to doubt the legitimacy of the common arrangement whereby MERS holds bare legal title as mortgagee of record and the noteholder alone enjoys the beneficial interest in the loan. The interest in law a contemplates mortgage underlying debt.
THE MORTGAGOR-MORTGAGEE RELATIONSHIP IN BANKRUPTCY: WHEN A STAY IS NOT A STAY AND OTHER PROBLEMS*! Noel W. Nellis San Francisco, California I. Introduction The filing of a bankruptcy proceeding involving a borrower under a secured real estate loan can be the beginning of an oftentimes frustrating experience for the secured lender and its counsel.
25 lis 2024 · The mortgagee gives the loan and has a claim on the property, whereas the mortgagor borrows the money and makes the payments.
Foreclosure is the legal process by which a lender (beneficiary or mortgagee) liquidates secured real property to obtain payment following the borrower’s (trustor’s or mortgagor’s) default on the underlying debt. This Note outlines California law governing residential foreclosure proceedings including: Non-judicial foreclosures.
