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Enforcement of a security interest is not collection of a debt under the Fair Debt Collection Practices Act, so a deed of trust trustee does not act as a debt collector, subject to that Act, in taking steps to nonjudicially foreclose the deed of trust.  Read More

An order denying an interim award of attorney’s fees under the Homeowner’s Bill of Rights after the borrower/plaintiff was successful in obtaining issuance of a preliminary injunction to prevent foreclosure, is interlocutory and therefore non-appealable.  Read More

Now-defunct Nevada statute violated due process by granting homeowners’ associations priority over mortgage lenders and other senior lienholders and allowing them foreclose liens for unpaid dues without requiring notice to a senior lienholder unless it affirmatively requested notice.  Read More

A borrower lacks standing to sue alleging his loan was transferred to a securitized trust after its closing date because a late transfer is voidable, not void.  Read More

When a home loan borrower defends a lender’s suit, based on a demand for rescission under the Truth in Lending Act, the lender’s lien is not automatically invalidated; instead, the court must decide whether correct TILA disclosures were given and whether the borrower should be required to tender back the borrowed sums before the lien is invalidated.  Read More

Leave to amend to state a UCL claim was properly denied in a mass action by defaulted home loan borrowers as the proposed amendment showed plaintiffs were improperly joined but alleged no facts to support the conclusion they were overcharged.  Read More

A borrower who alleges defects in the transfer of her mortgage loan which render it void, can sufficiently establish the prejudice element of her wrongful foreclosure claim simply by alleging that the foreclosure was carried out by a party having no right to do so.  Read More

Borrower’s pre-foreclosure securitization suit was properly dismissed because judicially noticeable documents show that the challenged loan transfer was valid, not void as the borrower alleged.  Read More

A loan servicer, and its principal, the loan’s owner, can be held liable to a borrower for negligence  in handling the borrower's loan modification application; however, the borrower has no breach of contract claim for the loan servicer’s failure to offer a permanent loan modification after performance of a non-HAMP trial period plan.  Read More

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