During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Borrower's fourth mortgage foreclosure delay suit was properly dismissed as barred by the res judicata effect of the prior three judgments against her, two of which had been affirmed on appeal. All the actions involved the same cause of action as they all asserted a violation of borrower's ownership interest in the property that was subject to her deed of… Read More
Defendant initially violated HBOR by refusing to consider plaintiff's loan modification application because only his deceased wife was the borrower on the loan, but defendant cured its violation after suit was filed by canceling the pending foreclosure, accepting and review plaintiff's loan modification application, and offering him a trial payment plan intended to lead to a loan modification. Thinking he… Read More
Robin held a senior deed of trust. Crowell held a junior lien on the same property. Robin commenced a judicial foreclosure action against the debtor and the property but failed to name and serve Crowell as a defendnat in the suit. Some years after the judicial foreclosure sale, Robin brought this quiet title action against Crowell to "complete" the judicial… Read More
Under Civ. Code 2924.15, HBOR's provisions apply only to owner-occupied properties. But the section goes on to define "owner-occupied" as property that is the borrower's principal residence and security for a loan made for consumer purposes. This decision reads the definition literally, holding that so long as the property is the borrower's principal residence, HBOR's provisions apply even if the… Read More
Plaintiff stated a viable claim for unjust enrichment after it contracted with a property owner to appeal property tax assessments in return for 30% of any resulting refund, but the property was foreclosed upon by defendant before the tax refund came through. Read More
A homeowner should have been allowed to amend his complaint to allege that the party foreclosing on his house lacked any interest in his loan since that the prior owner of the loan had already assigned it to someone else before executing the assignment to the foreclosing party. Read More
The catch-all federal four-year statute of limitations applies to violations of the foreclosure prohibitions in the Servicemembers Civil Relief Act. Read More
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
