Masonry subcontractor worker at construction project stepped onto the rung of a plaster scaffold to gain access so he could lay masonry underneath it. The scaffold was wet. His shoes were muddy. He slipped and was injured. He sued the general contractor alleging his injuries “were caused by [the general contractor’s] negligence in sequencing and […]
A Borrower Is Not A Victim.
A woman failed to make her car payments. The car was repossessed and sold, and the bank hired a debt collector to collect the remainder of what was owed. The debt collector’s letter included the following language: “Please be advised that if you notify my office in writing within 30 days that all or a […]
Summary Judgment Reversed [Feds Had Wrong Address For Search Warrant, By The Way].
DEA agents forced their way into a home under the mistaken belief it was occupied by a drug dealer. Using #*#%#* words, they ordered the parents to the floor. With their guns drawn, they also ordered the sleeping children to the floor. The 14-year-old girl complied, but the 11-year-old girl was frozen in fear. The […]
Attorneys Fail In Argument They Played Only A Passive Role.
Plaintiff, who was the defendant in an underlying action, brought a malicious prosecution action. The trial court dismissed the malicious prosecution action against some of the attorney defendants pursuant to an anti-SLAPP motion to strike [CCP §425.16] and granted attorney fees to them, after they argued they played only a passive role in the underlying […]
Two Courts Uphold MERS Rights to Act As An Agent For The Lender
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 […]
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: […]
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 […]
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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