The California legislature recently passed Assembly Bill 2424, which, as more fully explained below, will have a significant and imminent impact on the nonjudicial foreclosure process of residential real estate. Existing...more
12/4/2024
/ Assessment ,
California ,
Fair Market Value ,
Foreclosure ,
Foreclosure Sales ,
HUD ,
Lenders ,
New Legislation ,
Notice of Default ,
Notification Requirements ,
Residential Property Owners ,
Third-Party ,
Trustees
On August 24, 2023, the U.S. Court of Appeals for the Second Circuit rendered its decision in Marc S. Kirschner v. JP Morgan Chase Bank, N.A., et al. At issue in the case was whether promissory notes issued in connection with...more
On December 21, 2022, the California Supreme Court denied review of a controversial Court of Appeal decision from earlier last year that prohibited lenders from charging default interest against the principal balance of any...more
After not taking action and allowing the 2020 foreclosure moratorium to expire on December 31, 2020 (“2020 Act”), the Oregon legislature took action in May to pass House Bill 2009 (the “2021 Act” or the “Act”), reinstating...more
6/10/2021
/ CARES Act ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Executive Orders ,
Forbearance Agreements ,
Foreclosure ,
Governor Brown ,
Loss of Income ,
Moratorium ,
New Legislation ,
Notification Requirements ,
Oregon ,
Private Right of Action ,
Undue Hardship
Since at least 2000, state and federal legislatures have grappled with creating effective, and secure, methods for document authentication while still utilizing the increasing number of technological advancements created...more
The 2020 CARES Act, enacted in response to the COVID-19 pandemic, included what was thought to be a temporary increase in the debt limits for Subchapter V bankruptcy filings under the Small Business Reorganization Act....more
On September 15, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1885 (“AB1885”), increasing the creditor homestead exemption for personal residences available in California. The text of the revised...more
On August 31, 2020, pursuant to the option granted in HB 4204 (the “Act”) to extend the emergency period via executive order, Oregon Governor Kate Brown issued Executive Order No. 20-37 extending the emergency period covered...more
On August 31, 2020, California Governor Gavin Newsom signed into law AB 3088 (the "Bill"), extending a statewide stoppage of evictions for unpaid rent due to the COVID-19 pandemic and granting protection from foreclosure to...more
9/3/2020
/ California ,
Coronavirus/COVID-19 ,
Damages ,
Eviction ,
Extreme Hardship ,
Forbearance Agreements ,
Foreclosure ,
Governor Newsom ,
Injunctive Relief ,
Landlords ,
New Legislation ,
Residential Leases ,
Restitution ,
Tenants
Oregon lawmakers held a three-day special legislative session in June during which they tackled, among other issues, legislation aimed at relief for both consumers and businesses impacted financially by the COVID-19 crisis....more