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Brace & Beyond: Joint Tenancy & Transmutation

By Cathy Moran, Esq. Filed Under: Real property, Strictly California

California joint tenancy

For Californians, the CA Supreme Court’s decision in Brace upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be both joint tenancy and community property . Siberell. And for those of us in the 9th Circuit, we “knew” that when married folks acquired property with title taken […]

Filed Under: Real property, Strictly California Tagged With: 2020

Between the 1st and the 15th: Is Mortgage Current?

By Cathy Moran, Esq. Filed Under: Real property

mortgage payment

The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners: Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the […]

Filed Under: Real property Tagged With: 2022, arrears, mortgage

Rule 3002.1 And The Tangled Web of HOA Assessments

By Cathy Moran, Esq. Filed Under: Real property, Rule 3002.1

The Hadfeg decision  was delivered to me in response to a standing search for bankruptcy decisions involving FRBP 3002.1. But multi strands of legal theories run through this one.  The questions, answered and unanswered, are tantalizing. The facts are thus: Prepetition HOA dues scheduled for $5000, while HOA later claimed it was $33,000. No proof […]

Filed Under: Real property, Rule 3002.1 Tagged With: assessment, hoa, lien

Bankruptcy as Means to Keep the House

By Cathy Moran, Esq. Filed Under: Counseling clients, Real property

house

There’s nothing like a foreclosure to get homeowners to see a bankruptcy lawyer. They are often not sure just how bankruptcy will accomplish this, but they are resolute that keeping the house is the centerpiece of their bankruptcy. A capable lawyer can tell the client how that might be done through bankruptcy;  a standout bankruptcy […]

Filed Under: Counseling clients, Real property

Mortgage Servicing Under the Microscope

By Cathy Moran, Esq. Filed Under: Real property, Rule 3002.1

Rule 3002.1

The judge looked closely at the creditor’s accounting records and found the usual fright. Having looked, the court held secured creditor  USDA in contempt of the automatic stay and the confirmation order for its loan servicing blunders. Two years after the debtor’s discharge, after an evidentiary hearing and a written opinion, the debtor still didn’t […]

Filed Under: Real property, Rule 3002.1

Homeowners Face Down The Mortgage Servicer Over Their Request For Information

By Cathy Moran, Esq. Filed Under: Real property

homeowner v. bank`

  The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the private right of action under Reg. X. The case is Rios v. Rushmore, from the Southern District of Florida. The homeowners alleged that Rushmore Loan Management Services failed to adequately respond to their Notice of Error pursuant to 12 U.S.C. […]

Filed Under: Real property Tagged With: 2017

Unfair Loan Modification Practices Rejected By 9th Circuit

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Cases new & significant, Real property

bank lies

  Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t fair, said the 9th Circuit in Oskoui. And if it isn’t fair, it can be actionable under California’s Unfair Competition Law (B&P 17200). Not to mention constituting a breach of contract. Thus, there do seem to be some limits on […]

Filed Under: Bankruptcy Practice, Cases new & significant, Real property Tagged With: 2017

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