Litigants in CA Have Powerful New Remedy

Litigants in CA Have Powerful New Remedy LITIGANTS IN CALIFORNIA HAVE A POWERFUL REMEDY IN CASES INVOLVING THEFT   In Siry Investments vs. Saeed Farkhondehpour, 13 Cal. 5th 333 (2022), the California Supreme Court recently issued a decision that expands the remedies available to civil litigants who are victims of financial theft. California Penal Code […]

Common Bankruptcy Strategies Employed By Delinquent Borrowers To Stave Off Foreclosure Proceedings — And How Loan Servicers Should Combat These Tactics

Common Bankruptcy Strategies Employed By Delinquent Borrowers To Stave Off Foreclosure Proceedings — And How Loan Servicers Should Combat These Tactics While loan servicers are typically willing to explore various foreclosure alternatives with respect to delinquent borrowers, often a foreclosure on collateral is the only realistic option available to the servicer.  When faced with an […]

Negligence Duty of Care & Loan Servicing

Negligence Duty of Care & Loan Modifications In Sheen v. Wells Fargo Bank, the California Supreme Court has settled a split of authority over the application of a general negligence duty of care to loan modification applications. In Sheen, the Second Appellate District Court of Appeal affirmed the trial court’s dismissal of claims against Wells Fargo […]