Locations

Default, Real Estate, & Collection Attorneys Newport Beach, California

4675 MacArthur Court Suite 545 Newport Beach, California 92660
T: 949.213.0630 F: 949.213.0631

Key Contacts


California Legal News

Federal | Legal Alerts

Non-Judicial Foreclosures and Junior Federal Non-IRS Liens

As many of you may be aware, the impact of the Show Me State Premium Homes, LLC v. McDonnell, 74 F.4th 911, 914 (8th Cir. 2023), reh'g denied, No. 22-1894, 2023 WL 5920101 (8th Cir. Sept. 12, 2023) 8th Circuit Court of Appeals case is rippling through our industry. This week, a major underwriter issued guidance indicating that a junior non-IRS lien should be...

California | Legal Alerts

California Supreme Court Says Lenders Owe No Duty of Care in Loan Modification Negotiations

In a 2020 filed case involving the reasonableness and validity of “release fees” and late fees charged by the lender to the borrower, the Honorable Phyllis Hamilton, United States District Court Judge for the Northern District of California, held that both “release fees” and late fees provided for in the loan documents were valid and enforceable. Plaintiffs Najarian Capital LLC and Najarian Holdings LLC (collectively “Najarian” or “plaintiffs”), both owned by Zareh...

California | Legal Alerts

California Supreme Court Says Lenders Owe No Duty of Care in Loan Modification Negotiations

On March 7, 2022, the California Supreme Court finally settled the issue on whether financial institutions or loan servicers owe their borrowers a duty of care when considering a loan modification request. In Sheen v. Wells Fargo, No. 8258019 (Cal, Mar 7, 2022), the California Supreme Court ruled that financial institutions do not owe a duty of care for loan modifications. The ruling should settle...

Federal | Legal Alerts

CFPB’s Proposed Debt Collection Rule

On Tuesday, May 7, 2019 the Consumer Financial Protection Bureau (CFPB) issued their proposal to amend Regulation F, which incorporates the Fair Debt Collection Practices Act (FDCPA). The proposed rule takes into account the current communication landscape, which vastly differs from when the FDCPA was first enacted. Specifically, it clarifies how debt collectors can communicate with consumers via email and text messages. The use of...