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This California case is at the intersection of interpleader and foreclosure litigation. A foreclosure trustee interpleaded surplus funds following a foreclosure sale that was challenged by the borrower in a wrongful foreclosure action.  It shouldn’t have.  An interpleader lies only where the holder of third-party funds may face multiple liabilities, but Civil Code section 2924k sets forth exactly how surplus… Read More

A good faith purchaser of the contents of a self-storage unit takes the contents free and clear of the unit lessee’s claims, even if the lessor had violated the Storage Facility Act by failing to enter into a written lease with the lessee. Read More

Interpleader cross-complaint filed by the trustee of a deed of trust was correctly dismissed because there was no question that surplus proceeds from a foreclosure sale belonged to the trustor, notwithstanding the trustor’s ongoing wrongful foreclosure lawsuit. Read More

Borrower stated viable Fair Debt Collection Practices Act claim against loan servicer, which acquired the loan while it was in default, included improper fees in the reinstatement amount it quoted, and kept treating the loan as delinquent and pursued non-judicial foreclosure after the borrower had paid the reinstatement sum in full. Read More

In collections suit, collection agency plaintiff was held to Delaware’s three-year statute of limitations—which was the jurisdiction selected in the credit card account agreement’s choice of law clause—as opposed to the four-year limitations period in California, where the suit was brought. Read More

A trial court should have given mortgage plaintiff further leave to amend a complaint to allege that party who foreclosed lacked any legal interest in the deed of trust, due to errors in the property’s chain of title. Read More

Holidays and weekends count against the running of the three-day notice to quit period in unlawful detainer unless the landlord states that the required rent payment may only be remitted by mail. Read More

Defendant was sufficiently engaged in collection efforts to qualify as a debt collection agency and hence did not run afoul of the Fair Debt Collection Practices Act’s prohibition on creating the false belief in a consumer that a person other than the creditor is participating in the collection of the debt. Read More

Sanctions were improperly awarded under CCP 128.7 since plaintiffs’ suit was not frivolous; they had a nonfrivolous argument that their agreement to settle a prior action did not release the defendants in this follow-on suit. Read More

Lenders and loan servicers who act to collect on conventional real-estate-secured loans are "debt collectors" for purposes of California's Rosenthal Fair Debt Collection Practices Act. Read More

An unlawful detainer judgment does not bar the landlord’s civil action to collect past-due rent since the landlord can collect only limited amounts of rent in an unlawful detainer proceeding. Read More

A trial court cannot deny an unlawful detainer defendant the right to respond to an unlawful detainer complaint by answer or demurrer at the defendant's election. Read More

Later filed state court proceedings warrant Younger v. Harris abstention only when the district court proceedings are at an "embryonic stage." State statute requiring in-state incorporation to obtain license to conduct interstate business violates the dormant Commerce Clause, but First Amendment is not infringed by statutes requiring a disclosure that the existing lender did not sponsor or authorize third-party ads… Read More

When a party to a joint account dies, the surviving accountholder takes the account proceeds in preference to the deceased party’s estate unless there is clear and convincing evidence that the decedent had a different intent. Read More

The Home Owners Loan Act does not preempt a state law breach of contract claim that the bank miscalculated adjusted interest rates on loans, since common law breach of contract claims impose no requirements other than those the bank voluntarily assumed in its own agreements.   Read More

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