Hawaii Federal Court Upholds MERS’ Interest Rights U.S. District Court Judge for the District of Hawaii upheld the right of Mortgage Electronic Registration Systems, Inc., (MERS) to assign interests in mortgages. MERSCORP Holdings, Inc., is a privately-held corporation that owns and manages the MERS System and all other MERS products. In Pascual v. Aurora Loan […]
5 Things You Need To Know Before Hiring A Real Estate Lawyer
If you’re involved in real estate matters of any kind, chances are you are bound to ask yourself a simple question at some point: “Do I need a real estate lawyer?” Before searching for law firms, please consider the following 5 points before hiring a real estate lawyer. 1. During a real estate transaction, when […]
Court Erred In Finding A Lack Of Mutual Assent.
A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: […]
Can A Second Deed of Trust Holder Sue Its Borrower After Foreclosure?
On June 20, 2012, the Fourth District Court of Appeals, Division Three, in Cadlerock Joint Venture, L.P., v. Lobel (Case No. G045936) recently decided a novel question of law. In Cadlerock, the Court asked when a single lender contemporaneously makes two non-purchase money loans secured by two deeds of trust referencing a single real property […]
California Legislature Passes Homeowners’ Bill Of Rights
State lawmakers approved a series of foreclosure relief bills Monday, July 2, 2012, that supporters say will help hundreds of thousands of struggling Californians stay in their homes. The legislation, opposed by banks that in previous years had succeeded in killing similar proposals, is meant to help people at risk of foreclosure stay in their […]
FHFA, Fannie Mae, and Freddie Mac File Suit Challenging Imposition of State and Local Taxes
On June 22, the FHFA, along with Fannie Mae and Freddie Mac (the Enterprises), filed a lawsuit in the U.S. District Court for the Northern District of Illinois challenging the authority of Illinois state and county officials to impose transfer taxes on transactions moving property to or from the Enterprises. Although the complaint concedes that […]
Another Appellate Court Agrees Evidentiary Hearing Required In Quiet Title Default Prove-Ups.
Six months ago, the decision of Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Civ.Proc. §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence […]
Video: How to File a Mechanics Lien
In this video, leading construction attorney in California, Mark Mellor, details how long you have to file a mechanics lien. If you have performed services, construction, or other work, a mechanics lien / stop notice protects you from a property owner filing for foreclosure or selling the property before you get paid. The process can […]
VIDEO: Frequently Asked Questions about Bankruptcy
Canyon Lake Attorney, Mark Mellor answers some questions on Chapter 7 & Chapter 13 bankruptcies. If you’re thinking about filing for bankruptcy and you’re in Riverside or San Bernardino counties, please contact us or call us at (951) 221-4744.
Decision That Foreclosing Party Must Be Note Holder Or “Acting On Behalf” Of Note Holder In Massachusetts.
On June 22, 2012, the SJC issued a decision in Eaton v. Federal National Mortgage Ass’n et al, Massachusetts Supreme Judicial Court, (June 22, 2012) (Case No. SJC-11041) holding that a foreclosure by sale pursuant to a mortgage power of sale provision must be conducted by a mortgagee that either holds the underlying mortgage note or […]
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