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MASHIRI v. EPSTEN GRINNELL & HOWELL 845 F. 3D 984 (9th Cir. 2017) HOMEOWNERS ASSOCIATIONS AND THEIR COUNSEL MUST COMPLY WITH THE FAIR DEBT COLLECTION PRACTICES ACT IN SENDING OUT DEBT COLLECTION LETTERS REQUIRED UNDER THE CALIFORNIA DAVIS-STIRLING ACT THREATENING TO RECORD A LIEN BASED ON DELINQUENT ASSESSMENTS. FACTS: Zakia Mashiri (“Mashiri”) was a homeowner […]
In re Blendheim, ___ F.3d ___ (9th Cir. 2015) 2015 WL 5730015 CHAPTER 20 LIEN STRIPS NOW ALLOWED UNDER 9TH CIRCUIT LAW. In a case of first impression, the 9th Circuit has now resolved a division in its lower courts that discharge ineligibility of a debtor who received a prior Chapter 7 discharge […]
A RECENT UNPUBLISHED DECISION OF THE CALIFORNIA COURT OF APPEAL THAT UNDER THE FACTS OF THAT CASE, THE FAILURE TO INCLUDE BOTH APN NUMBERS IN A NOTICE OF TRUSTEE’S SALE DID NOT INVALIDATE THE FORECLOSURE SALE OF THE PROPERTY. REAVIS V. HSBC MORTGAGE 2014 WL 7180519 (December 17, 2014) FACTS: Lots 21 and 22 were adjacent to one […]
DO NOT MAKE A FULL CREDIT BID AT YOUR FORECLOSURE SALE WITHOUT CAREFUL ANALYSIS! NAJAH V. SCOTTSDALE INSURANCE COMPANY; 2014 WL 4827882 (2nd District-CA Sept. 30, 2014) This is an interesting new case the again echoes the principle that a lender should never make a full credit bid at its foreclosure sale. In this case, […]