foreclosure

deed-in-lieu-of-foreclosure-geraci

Dealing with a financial crisis during uncertain times creates significant challenges for many lenders and borrowers. As seen during the COVID-19 crisis, a significant number of borrowers had difficulty making their mortgage payments, leaving lenders with no choice but to move forward with foreclosure. However, there is an alternative to foreclosure that offer advantages to …

Why You Should Consider a Deed in Lieu of Foreclosure Read More »

In the midst of a global pandemic, worrying about title issues seems a little silly. However, to avoid delays in funding or killing your deal, you should be on the lookout for title problems early in your due diligence process because they can and do arise. Typical clouds on title such as old service liens, …

The Key to Avoiding Funding Delays Read More »

The Great Suburban Migration

A byproduct of 2020’s multitude of crises was a mass migration from major cities and urban centers to the suburbs, rural areas, and other states altogether. With remote workplaces becoming the norm, many broke the ties to their employers’ physical location and no longer felt compelled to live near their work, and others were determined …

The Great Suburban Migration of 2020 and Its Effect on Private Lenders Read More »

If you are a lender authorized to do business in Oregon, you must notify your borrowers of the new law’s protections. Oregon House Bill 4204, signed into law on June 30th by Governor Kate Brown, requires all lenders doing business in Oregon to provide notice by mail of the new law’s protections to all of …

New Oregon COVID-19 Law – Q&A and Borrower Notice Read More »

On May 11, 2020, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) ruled in Perez v. Mortgage Electronic Registration Systems, Inc. that California law does not allow borrowers to bring judicial action challenging a lender’s authority to pursue non-judicial foreclosure prior to the foreclosure taking place. The borrower appellants had …

Preemptive Challenges to NonJudicial Foreclosure Barred by Ninth Circuit Read More »

A judicial foreclosure is a process in which the lending entity files a lawsuit in civil court against the delinquent borrower and subsequently receives a judgment for monetary reimbursement in addition to foreclosure. The judgement is enforceable against the borrowing party as an individual and includes the right to foreclose against the asset, as well …

The Benefits of Judicial Foreclosures Read More »

California law provides for two types of foreclosure: judicial (court involvement) and nonjudicial (no court involvement). Methods of Foreclosure in California California law provides for two types of foreclosure: judicial (court involvement) and nonjudicial (no court involvement; this is the most commonly utilized method). Nonjudicial foreclosures are utilized in situations where the deed of trust …

Understanding the California Nonjudicial Foreclosure Process Read More »

As California businesses and authorities look to reopen the economy, the ongoing restrictions on evictions and other enforcement actions by landlords are leaving unresolved issues for landlords and their lenders. After California Governor Gavin Newsom implemented a statewide eviction moratorium for tenants affected by COVID-19 on March 27, 2020, the California Judicial Council went further …

[COVID-19] California Eviction Moratorium Leaves Unresolved Problems for Landlords and Lenders Read More »