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 […]
When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”
Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]
Fifteen Percent (15 %) Interest Not 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, […]
Notification Requirement In Foreclosure Sale Set Forth In Code of Civil Procedure § 729.050 Is Not Satisfied By Common Law Presumption Of Regularity.
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 […]
Anti-SLAPP Motion Should Not Have Been Granted.
A landlord served a tenant with a three-day notice to cure or quit, and the tenant brought an action against the landlord requesting declaratory relief and alleging breach of contract and intentional interference with contract. The landlord filed an unlawful detainer action, and with regard to the tenant’s complaint, filed an anti-SLAPP motion under Code of […]
Adverse Possession Law Students Will Be Tortured With Blackacre Hypos Based On This One!
Owner of a 30-acre parcel of land [owner #1] placed a boundary fence in the wrong place in 1987. Since then, owner #1 has been occupying and improving the .44-acre of the 173-acre parcel owned by owner #2, a religious group. Owner #1 paid no taxes on that .44-acre piece of land, but, because it was […]
Dismissal Of Wrongful Foreclosure Action Reversed.
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 […]
Borrower Must Be Offered A Permanent Loan Modification When They Comply With A Trial Period Plan.
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 […]
Commercial Lease Does Not Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the commercial lease grants the tenant […]
Unclean Hands Defense Defeats Claim Of Adverse Possession.
Two years after the owner of a residence died intestate leaving two sons, plaintiff and her husband changed the locks and placed a “No Trespassing” sign on the property which also indicated she was the owner. Plaintiff and her husband placed a fence around the property and commenced repairs. They recorded a quitclaim deed from the […]
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