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Tag Archives: notice

Real Property – Foreclosure – Substitute Trustee – Notice – Subprime Loans (access required)

In re Foreclosure of Gilmore. The trial court erred when it allowed the substitute trustee to proceed with foreclosure where a person signed a notice in her individual capacity and not on behalf of the substitute trustee, and therefore was not authorized to give notice to the borrowers, and where the trial court failed to make a required finding of whether the underlying loan was a subprime loan as defined in the applicable statute.

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Real Property – Lis Pendens – Deed of Trust – Quiet Title – Notice (access required)

Kelley v. Citi Financial Services, Inc. The plaintiff stated a cause of action to quiet title where he filed a lis pendens placing the mortgagee on notice of his putative right to quiet title before a third party mortgaged the property, which was subsequently quitclaimed to the plaintiff pursuant to a consent order entered in the case that was the subject of the lis pendens.

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