Recently, at the conclusion of last year, 2011, California courts issued a number of important rulings in the area of real estate litigation.? Let me briefly mention the first two here and next week I will provide a synopsis of the other two worthy of your consideration.? The first two I want to profile for you here deal with default judgments in quiet title actions and the improper granting of a motion for summary judgment based upon an unconscionable loan transaction.? Citations and links have been provided for ease of reference.
AN EVIDENTIARY HEARING IS REQUIRED BEFORE ENTERING DEFAULT JUDGMENT IN A QUIET TITLE ACTION.? CCP ?764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff?s title and hear such evidence as may be offered respecting the claims of any of the defendants.? The appellate court found this obligated the trial court to hold an evidentiary hearing in open court ?hearing the defendant?s evidence.?? The dissent states a defendant should not be permitted to participate in the hearing.? Harbour Vista LLC v. HSBC Mortgage Services Inc. ?(Cal. App. Fourth Dist., Div. 3;? December 19, 2011) 201 Cal.App.4th 1496.
TRIABLE ISSUES EXIST AS TO WHETHER A FORECLOSURE SALE SHOULD BE SET ASIDE DUE TO THE UNCONSCIONABILITY OF THE LOAN TRANSACTION.? An action in which a homeowner sued a lender, a loan servicer and others to set aside a trustee?s sale claiming predatory lending, the trial court granted summary judgment against the homeowner.? In reviewing the transaction, the appellate court noted the refinance was for $1.5 million with a monthly payment of $12,381.36 and the homeowner had a monthly income of $3,333.? The Sixth District Court of Appeal reversed the grant of summary judgment finding there was sufficient evidence of triable issues of material fact regarding alleged unconscionability of the transaction.? Lona v. Citibank, N.A. (Cal. App. Sixth Dist.;? December 21, 2011) 202 Cal.App.4th 89.
If you need help from a highly-qualified real estate lawyer in California, please contact Mark Mellor at 951.222.2100.
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