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

Fifteen Percent (15 %) Interest Not Usury.

June 19, 2013 by Leave a Comment

Usury

Plaintiff borrowed money from a mortgage lender secured by a deed of trust on certain real property. The interest rate was 15%, with interest-only payments from 2009 until 2012. When plaintiff defaulted, the lender foreclosed. Plaintiff filed suit against the lender claiming the interest rate on the loan exceeded the maximum allowed by the California Constitution, […]

Filed Under: Arbitration Law News, Banking Law News, Constitutional Law News, Contract Law News, Foreclosure Law News, Legal News, Lender 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

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

Filing Of Lis Pendens Privileged.

December 27, 2012 by Leave a Comment

A family home was foreclosed on pursuant to a forged or fraudulent second deed of trust. The alleged homeowners filed an action to quiet title to the property and recorded a lis pendens. The persons who purchased the property in good faith at a foreclosure sale filed an action for slander of title alleging that […]

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

First In Time, First In Right…uh oh, the preliminary title report didn’t catch something…Equitable Subrogation To The Rescue.

October 25, 2012 by Leave a Comment

A husband and wife borrowed $3.2 million from Chase Bank to refinance their home and pay off two existing deeds of trust. The escrow instructions expressly stated the loan was to pay off the existing first and second deeds of trust, that the loan was not to close unless secured by a new first deed […]

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

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … 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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