The Mellor Law Firm, APLC

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

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Call: (951) 221-4744

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When Is Loan Modification the Right Choice?

April 22, 2021 by Anne Hunt

couple signs forms at table for loan modification - Riverside loan modification attorney

Many unfortunate circumstances can lead to someone not being financially stable. Finding yourself in an unstable financial situation while paying back loans can be especially difficult. While you may find your next steps elusive and overwhelming, there are some options. One of those options is to ask for a loan modification. Here’s what you should […]

Filed Under: Bankruptcy Education, Foreclosure Education, Legal News, Lender Law News, Personal Property Law News, Real Estate Education Tagged With: loan modification, riverside attorney, riverside lawyer, Riverside mortgage assistance lawyer, riverside personal attorney

Heightened Standard For Pleading Fraud Met By Attaching Loan Documents To Complaint.

October 29, 2014 by Leave a Comment

fraud Malicious Prosecution

Plaintiffs’ complaint alleges, among other things, fraud and unfair business practices in the origination of plaintiffs’ residential mortgage loans, and negligence in the subsequent servicing of the loans, including negligent review of plaintiffs’ applications for loan modification. Plaintiffs contend the trial court erred in sustaining defendants’ demurrer when it concluded the complaint fails to allege […]

Filed Under: Appellate Law News, Consumer Protection Law News, Debt Collection Law News, Fraud Law News, General Legal Information Law News, Legal News, Lender Law News, Real Estate Education, 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

Dismissal Of Predatory Lending Action Reversed.

July 8, 2013 by Leave a Comment

Plaintiffs initiated an action against a loan broker and various financial institutions, claiming “pursuant to a scheme of predatory lending, [they] made material misrepresentations and fraudulent concealments of circumstances in the appraisal of the residence and in the terms of the loan in order to maximize their profit.” They alleged they applied for a residential home […]

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

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

Evidence Of Title Insurance Should Have Been Admitted.

May 11, 2013 by Leave a Comment

The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, except a cross-complaint of one lender against another lender. At trial, a jury decided a […]

Filed Under: Appellate Law News, Evidentiary Law News, Insurance Law News, Legal News, Lender Law News, Real Estate Law News, Trial 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

The Holder Rule Permits Action Against A Lender To The Same Extent An Action Could Be Brought Against The Seller Of A Mobile Home.

March 4, 2013 by Leave a Comment

The Holder Rule

Plaintiffs bought a motor home that was financed with an installment contract. Shortly after the sale, the contract was assigned by the dealership to a bank. Plaintiffs assert the motor home was defective from the start. After months passed without the demanded repairs being made, plaintiffs disclaimed their ownership in the vehicle and sued the dealership. […]

Filed Under: Appellate Law News, Banking Law News, Business Law News, Legal News, Lender Law News, Procedural Law News, Product Liability Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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Recent Posts

  • Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It
  • Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You
  • You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney
  • Top Types of Real Estate Scams in 2022 and What We Can Learn From Them

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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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