Lona v. Citibank, N.A.
202 Cal.App.4th 89 (Cal. Ct. App. 2011) Cited 531 timesHolding that where the trustee's deed is void on its face, tender is not required
Bingham v. Ocwen Loan Servicing, LLC
Case No.: 13-CV-04040-LHK (N.D. Cal. Apr. 16, 2014) Cited 14 timesDenying motion to dismiss Section 2923.6(c) claim against lender, mortgage servicer, and trustee
Menan v. U.S. Bank Nat. Ass'n
924 F. Supp. 2d 1151 (E.D. Cal. 2013) Cited 7 timesIn Menan, a borrower who defaulted on his home mortgage payments reached a forbearance agreement with his bank where the bank promised to rescind the Notice of Default if he timely made all agreed-to forbearance payments.
United Professional Planning v. Superior Court
9 Cal.App.3d 377 (Cal. Ct. App. 1970) Cited 38 timesIn United Professional Planning v. Superior Court of Orange County, 9 Cal.App.3d 377, 88 Cal.Rptr. 551 (1970), it was held that the trial court did not proceed without or in excess of its jurisdiction in considering motion of defendant in action for specific performance to expunge lis pendens and in making order expunging same although notice of appeal had been filed.
Peery v. Superior Court
29 Cal.3d 837 (Cal. 1981) Cited 19 timesIn Peery v. Superior Court (1981) 29 Cal.3d 837 [ 176 Cal.Rptr. 533, 633 P.2d 198] (Peery), the California Supreme Court addressed the standard the trial court should apply when ruling on a motion to expunge after summary judgment has been granted against the claimant, and the judgment has been appealed.
Ranchito Ownership Co. v. Superior Court
130 Cal.App.3d 764 (Cal. Ct. App. 1982) Cited 8 timesDocket No. 64112. April 19, 1982. COUNSEL Costello Walcher, Edward J. Costello, Jr., and Alan E. Walcher for Petitioners. No appearance for Respondent. Fulop Hardee, Robert J. DeMarco, Kenneth B. Bley, William H. Holcomb and Eugene G. Cowan for Real Parties in Interest. OPINION FILES, J.[fn*] [fn*] Retired Presiding Justice of the Court of Appeal sitting under assignment by the Chairperson of the Judicial Council. This mandate proceeding is brought to review an order of the superior court denying
Humboldt Savings Bank v. McCleverty
161 Cal. 285 (Cal. 1911) Cited 92 timesHolding that it would be inequitable to impose the tender requirement where a portion of the debt at issue did not belong to the party subject to the tender rule
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,110 times 16 Legal AnalysesProviding for service via CM/ECF Systems
Section 2605 - Servicing of mortgage loans and administration of escrow accounts
12 U.S.C. § 2605 Cited 3,774 times 25 Legal AnalysesDescribing "qualified written request"
Section 1788.1 - Legislative findings; purpose of title
Cal. Civ. Code § 1788.1 Cited 214 times 1 Legal Analyses(a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers. (2) There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness,
Section 405.32 - Claimant has not established probable validity of real property claim
Cal. Code Civ. Proc. § 405.32 Cited 133 timesIn section 405.32, the Legislature told the trial court exactly what to do when faced with an expungement motion before trial: Deny the motion unless "the claimant [establishes] by a preponderance of the evidence the probable validity of the real property claim."
Section 405.31 - Pleading does not contain real property claim
Cal. Code Civ. Proc. § 405.31 Cited 122 times 1 Legal AnalysesStating that "the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim"
Section 405.4 - Real property claim
Cal. Code Civ. Proc. § 405.4 Cited 109 timesDefining "real property claim"