Non-Modifiable Adult Child Support? Perhaps.

  In a case of first impression the Court of Appeals, in Drescher v. Gross, held that a marital settlement agreement, incorporated into a judgment of dissolution of marriage, wherein the parties agreed to equally pay for the future college expenses of their then three minor children, was enforceable and may be non-modifiable “by the parents’ express and specific agreement to restrict the court’s jurisdiction” to modify support. Continue reading

New California Homeowner Bill of Rights

   The legislature has passed two pieces of legislation which together are known as the Homeowner Bill of Rights. They are awaiting Governor Brown’s signature and will take effect, if signed, January 1, 2013. Continue reading

In Danger of Foreclosure? Do Not Wait Until It’s Too Late

  I have previously posted about the difficulty foreclosed homeowners face when pursuing claims for alleged wrongful foreclosure. Increasingly, foreclosed homeowners are finding the courthouse doors closed. Claims and causes of action that at one time seemed viable, due to the lack of guidance from California’s appellate courts, no longer get past an initial demurrer. Continue reading

You Might Be Eligibile For Refinance Through HARP

   As part of the Emergency Economic Stabilization Act, the Obama Administration implemented the Home Affordable Refinance Program (HARP). Under HARP, eligible borrowers are entitled to refinance their mortgage at a lower interest rate. The program does not reduce principal, but it does reduce monthly payments. Continue reading

Foreclosed Homeowner: Negligent Misrepresentation Claim Survives

   California courts have not been sympathetic to homeowners facing foreclosure. As long as lenders and their appointed trustees strictly follow the statutory non-judicial foreclosure procedure, foreclosure sales are final and shell-shocked homeowners have little recourse.

    Demurrers to causes of action filed by homeowners who have lost their homes are routinely sustained without leave: MERS has standing; there is no requirement to “show me the note”; homeowners have no enforceable rights under the federal Home Affordable Modification Program (HAMP); and, with respect to cancellation of deed claims, tender is required.

   However, the recent non-published case of Lee v. JPMorgan Chase Bank highlights a cause of action that may be available to some foreclosed homeowners: negligent misrepresentation. Continue reading