The Mellor Law Firm, APLC

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Take My Word For It. . .The Foreclosure Sale Was Canceled.

July 30, 2015 by

A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]

Filed Under: Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education, Real Estate Law News Tagged With: § 1624(a)(3), § 1698, § 2922, 186 Cal.Rptr.3d 408, 236 Cal.App.4th 411, Civ.Code, Civ.Code § 1624(a)(3), Civ.Code § 1698, Civ.Code § 2922, Civil Code section 1624, Civil Code section 1624 subsection (a) subdivision (3), Civil Code section 1698, Civil Code section 2922, section 1698, section 2922, subdivision (3)

The Foreclosure Run-Around.

December 11, 2014 by Leave a Comment

The first paragraph of the appellate opinion best describes why the appellate court reversed the grant of defendant bank’s demurrer and remanded the matter to the trial court for further proceedings: “This appeal represents another example of what is becoming a well-established and predictable pattern. A homeowner in distress because of the meltdown of the […]

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

Mechanic’s Lien Eliminated After Deed In Lieu Of Foreclosure.

September 24, 2014 by Leave a Comment

Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed.  Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]

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

Can’t Blame Loss Of Property Value After Foreclosure On Appraisal Done Seven (7) Years Earlier.

July 30, 2014 by Leave a Comment

Foreclosure

After his home was placed in foreclosure in 2011, plaintiff brought an action to try to halt foreclosure proceedings. In it, he contended defendant made fraudulent misrepresentations or omissions by stating the appraised fair market value of the home in 2004 was increasing and that the appraisal was outrageously speculative. The trial court sustained defendant’s […]

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

Borrower Lacks Standing To Enforce Agreement Relating To Sale Of Promissory Note On Her Home.

July 25, 2014 by Leave a Comment

promissory note

After defendant financial institution sold plaintiff’s promissory note, plaintiff brought an action to quiet title of her residence in herself. Defendant demurred because plaintiff failed to allege tender to cure her default on the promissory note. The trial court sustained the demurrer without leave to amend. On appeal, the appellate court considered whether plaintiff should […]

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

Destroy Or Remove Fixtures From Foreclosed Property And Go To Jail. 

July 12, 2014 by Leave a Comment

Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises.  Defendants, a husband and wife, were convicted of violating section 502.5 by taking fixtures from their foreclosed home. A jury found an enhancement of “great taking” […]

Filed Under: Appellate Law News, Criminal Law News, Damages Law News, Foreclosure Law News, General Legal Information Law News, Law Enforcement Law News, Legal News, Lender Law News, Real Estate Education, Real Estate Law News, Short Sale News

Forbearance Fees Do Not Violate Usury Law.

June 30, 2014 by Leave a Comment

Forbearance

A debtor entered into a series of agreements in which he sought to delay enforcement of judgments. The creditor agreed not to enforce the judgments prior to a certain date in exchange for certain promises as well as the payment of a surcharge of $500 per day for each day the judgments were not paid […]

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

Foreclosure In The United States Marine Corps.

April 11, 2014 by Leave a Comment

Foreclosure sexual assault

Plaintiff, in the United States Marine Corps, took out a mortgage in 2007. Between 2008 and 2011, he was called up to active duty overseas three times, and failed to make all of his mortgage payments. The loan servicer began foreclosure proceedings in 2009; it rescinded the notice of default in 2010, but not the associated […]

Filed Under: Foreclosure Education, Foreclosure Law News, Legal News, Ninth Circuit Court of Appeal Law News, Real Estate Education, Real Estate Law News

Lease Survives Foreclosure.

March 20, 2014 by Leave a Comment

Foreclosure

Plaintiffs had rented space in a converted garage unit for several years when the residential property was foreclosed upon by a bank. The trial court granted the bank’s motion for summary judgment based on its determination the foreclosure sale extinguished plaintiff’s lease. Citing the Protecting Tenants Against Foreclosure Act of 2009 [PTFA; Pub.L. 111-22, Div. A, […]

Filed Under: Appellate Law News, Foreclosure Education, Foreclosure Law News, General Legal Information Law News, Landlord Tenant Law News, Legal News, Real Estate Education, Unlawful Detainer Law News

Is A Notice Of Sale Valid If Over A Year Old?

February 25, 2014 by Leave a Comment

If the Notice of Trustee’s Sale is more than 365 days old, it is probably invalid. California Civil Code section 2924g, subdivision (c)(1) provides: ” (c) (1) There may be a postponement or postponements of the sale proceedings, including a postponement upon instruction by the beneficiary to the trustee that the sale proceedings be postponed, at any time prior to […]

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

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Recent News

When Do I Need a Real Estate Lawyer?

January 14, 2019 By Mark Mellor

When you buy or sell real estate, you'll likely hear, "You should get an attorney." There are real estate transactions and negotiations that will require an attorney. You might want to buy a foreclosed property but not know the risks. You may be considering a short sale to avoid … Read More...

New Laws In 2019 For Real Estate Disclosures In California

December 28, 2018 By Mark Mellor

Assembly Bill (AB) 1289 recently made several changes to real estate disclosure requirements. These changes are effective January 1, 2019. One decidedly positive change the new law has made is to move legislative language away from the more antiquated terms, “selling agent” … Read More...

What You Need to Know About Construction Defect Litigation

December 24, 2018 By Mark Mellor

When there is a defect in the material, workmanship or design of a building, it can bring about liability issues and costly expenses. These building flaws are known as construction defects, and they can endanger people's lives if the factors causing these defects are left … Read More...

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

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