California

Creditor did not violate antideficiency provision in California Case

GILBERT DREYFUSS et al., Plaintiffs and Appellants, v. UNION BANK OF CALIFORNIA, Defendant and Respondent.
No. S082261.

Case Law
SUPREME COURT OF CALIFORNIA

Alleged irregularities Defense does not prevent foreclosure in California

In re GAYLE A. TYDINGS-MONSOUR, Debtor. GAYLE A. TYDINGS-MONSOUR,
Plaintiff, v. EMC MORTGAGE COMPANY, a corporation, et al., Defendants.

Case Law
Case No. SV 03-18319 MT, Chapter 13, ADV. No. 03-01446 MT
UNITED STATES BANKRUPTCY COURT FOR THE CENTRAL DISTRICT OF
CALIFORNIA, SAN FERNANDO VALLEY DIVISION
2006 Bankr. LEXIS 2455

April 12, 2006, Decided

Deficiency Judgment in California

KINSMITH FINANCIAL CORPORATION, Plaintiff and Respondent, v. J. ROBERT GILROY, Defendant and Appellant.
No. A098147.
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE

105 Cal. App. 4th 447; 129 Cal. Rptr. 2d 478; 2003 Cal. App. LEXIS 64; 2003 Cal. Daily Op. Service 543; 2003 Daily Journal DAR 659

A Foreclosure Sale may be set aside in California

Case Law
GIANNOTTA PROPERTIES, INC., a California corporation,
Plaintiff-Appellant v. CYRIL BARBACCIA; LENA M. BARBACCIA; SAN JOSE NATIONAL BANK,
Defendants-Appellees, GIANNOTTA PROPERTIES, INC., a California corporation, Debtor

No. 03-17008
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
146 Fed. Appx. 97; 2005 U.S. App. LEXIS 16729
June 13, 2005, Argued and Submitted, San Francisco, California

How to Fight Countrywide Loans

On October 31st, 2008 an interesting case was decided in the United States District Court for the Southern District of California. The scenario is as follows: The Tina’s fell behind on their mortgage payments and Countrywide instituted a foreclosure and trustee sale. In response to the foreclosure, they decided to take matters into their own hands.