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Perspective

Dec. 2, 2014

Restrictions hinder socially useful practices by banks

California places substantive and procedural restrictions on lenders' right to deficiency judgments upon the foreclosure of real property, hindering socially useful practices by banks. By John Claassen


By John Claassen


California places substantive and procedural limits on lenders' right to deficiency judgments upon the foreclosure of real property. Some of these limits have been taken up over the past month by the 5th District Court of Appeal in First California Bank v. McDonald, 2014 DJDAR (Oct. 25, 2014). The decision provoked a concurrence and has been modified by the court no less than twice since it was issued in October, most recently on No...

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