The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Home Was Sold While In Compliance With Mortgage Modification Plan; Demurrer Should Not Have Been Sustained.

November 1, 2013 by Leave a Comment

Notice of Sale

In 2006, plaintiff refinanced her home and executed a promissory note secured by the deed of trust. The deed of trust was later assigned to defendants. A notice of default and election to sell under the deed of trust were executed and recorded. After negotiations, defendant offered plaintiff a modification plan which required her to make […]

Filed Under: Appellate Law News, Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education, Real Estate Law News

No Private Right Of Action For Tenant.

July 25, 2013 by Leave a Comment

Private Right Of Action

Plaintiff was a tenant on property for which a bank took title at foreclosure. The bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action. Plaintiff contends the bank was required to serve a 90-day notice of termination prior to eviction. She filed an action against the bank in […]

Filed Under: Banking Law News, Consumer Protection Law News, Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education, Real Estate Law News

Highest Bidder At A Trustee Sale Of Real Property, Too Good To Be True.

June 21, 2013 by Leave a Comment

Plaintiff was the highest bidder at a trustee’s sale of real property, and he filed an action to quiet title. Two days after the sale, the trustee telephoned plaintiff and told him the sale was void because the trustee “did not offer the Property for a high enough bid amount.” The trustee returned plaintiff’s cashier’s check, […]

Filed Under: Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Law News, Trustee Law News

Notification Requirement In Foreclosure Sale Set Forth In Code of Civil Procedure § 729.050 Is Not Satisfied By Common Law Presumption Of Regularity.

June 10, 2013 by Leave a Comment

A homeowners association notified homeowners they were delinquent in paying their monthly assessment fees. After the homeowners disputed the debt, the association conducted a nonjudicial foreclosure sale. The homeowners brought an action to set aside the foreclosure sale and the trial court granted summary judgment in favor of the association. The appellate court reversed, after rejecting […]

Filed Under: Appellate Law News, Foreclosure Education, Legal News, Procedural Law News, Real Estate Education, Real Estate Law News

Real Estate Agent Injured By Concealed Danger While Showing Foreclosed-Upon Home.

May 30, 2013 by Leave a Comment

Concealed Danger

A loan services company owned a home which had been foreclosed upon. The home had been visited by more than 100 real estate agents. One of the features was an attic that had been converted into a bonus room by a previous owner, which room was accessed by using a pull-down stairway. The home had been […]

Filed Under: Appellate Law News, Foreclosure Education, Foreclosure Law News, Legal News, Personal Injury Law News, Real Estate Law News

Dismissal Of Wrongful Foreclosure Action Reversed.

April 20, 2013 by Leave a Comment

Wrongful Foreclosure Malicious Prosecution

The appellate court reversed the sustaining of a demurrer to plaintiff’s complaint for wrongful foreclosure. In support of the demurrer, defendants sought judicial notice, which was granted, of the notice of default, including the attached declaration of someone named Samantha Jones, which stated the bank “tried with due diligence to contact [plaintiff] in accordance with California […]

Filed Under: Appellate Law News, Banking Law News, Foreclosure Education, Foreclosure Law News, Legal News, Lender Law News, Procedural Law News, Real Estate Education, Real Estate Law News

Borrower Must Be Offered A Permanent Loan Modification When They Comply With A Trial Period Plan.

April 13, 2013 by Leave a Comment

After her home loan went into default, plaintiff agreed to a trial period plan [TPP], a form of temporary loan payment reduction under the Home Affordable Mortgage Program [HAMP]. Plaintiff complied with the TPP, making timely reduced monthly payments. Nonetheless, the bank denied her a permanent loan modification, and plaintiff’s home was sold at a trustee’s […]

Filed Under: Appellate Law News, Banking Law News, Contract Law News, Foreclosure Education, Legal News, Real Estate Education

2007 Mortgage Debt Relief Act Extended For One Year In Senate Bill.

January 2, 2013 by Leave a Comment

It appears that the Mortgage Debt Relief Act of 2007 will be extended for one year. The Senate is currently making amendments to the Bill, passed in the House earlier this morning and the President has yet to sign, however, with those caveats the extension is expected to be included. Here is the text from […]

Filed Under: Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education, Short Sale News

Omission Of A Trustee On Deed Of Trust Does Not Prevent Enforcement Of The Deed Of Trust.

December 21, 2012 by Leave a Comment

After homeowners/borrowers fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted an entity as trustee to initiate nonjudicial foreclosure proceedings. The homeowners sued to set aside the sale because the deed of trust failed to designate a trustee. Both the trial court and the appellate court held the omission […]

Filed Under: Appellate Law News, Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education

How Can I Protect Against Foreclosure?

July 17, 2012 by Leave a Comment

When foreclosure threatens, what are your options for keeping your home? Loan Modification is the most well known way to stay in and keep your home if you get behind on payments.  There are a number of programs depending on your lender and servicer that you may qualify for and also if Freddie Mac or […]

Filed Under: Foreclosure Education

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Recent News

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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