Gzell v. Novastar Mortg., Inc. Citing Refs. With analysis available. Click to Shepardize™ 2010 U.S. Dist. LEXIS 85182
Headnotes: HN2, HN11
A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore , 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Cited
E.D. Cal. Aug. 18, 2010
52.
Light Blue – No phraseCited by
Spence v. Lehman Bros. Bank, FSB Citing Refs. With analysis available. Click to Shepardize™ 2010 U.S. Dist. LEXIS 84988
Headnotes: HN2, HN11
A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore , 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Cited
E.D. Cal. July 20, 2010
53.
Light Blue – No phraseCited by
Manabat v. Sierra Pac. Mortg. Co. Positive treatment indicated. Click to Shepardize™ 2010 U.S. Dist. LEXIS 70377
Headnotes: HN2, HN11
A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Cited
E.D. Cal. June 24, 2010
54.
Light Blue – No phraseCited by
Hernandez v. Homeq Servicing Citing Refs. With analysis available. Click to Shepardize™ 2010 U.S. Dist. LEXIS 55685
Headnotes: HN2, HN11
… process. A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Mentioned
E.D. Cal. May 11, 2010
55.
Light Blue – No phraseCited by
Smith v. Nat’l City Bank of Ind. Caution: Possible negative treatment. Click to Shepardize™ 2010 U.S. Dist. LEXIS 41116
Headnotes: HN2, HN11
… fair dealing “cannot be endowed with an existence independent of its contractual underpinnings” and it “cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement.”); Munger v. Moore , 11 Cal. App. 3d 1 , 7 , 89 Cal. Rptr. 323 (1970) (“[A] trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property …
Discussed
N.D. Cal. Apr. 27, 2010
56.
Light Blue – No phraseCited by
Hernandez v. HomEq Servicing Citing Refs. With analysis available. Click to Shepardize™ 2010 U.S. Dist. LEXIS 43160
Headnotes: HN2, HN11
… process. A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Mentioned
E.D. Cal. Apr. 1, 2010
57.
Light Blue – No phraseCited by
Saldate v. Wilshire Credit Corp. Caution: Possible negative treatment. Click to Shepardize™ 686 F. Supp. 2d 1051, 2010 U.S. Dist. LEXIS 22170
Headnotes: HN2, HN11
Cited by: 686 F. Supp. 2d 1051 p.1068
A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Cited
E.D. Cal. 2010
58.
Light Blue – No phraseCited by
Saldate v. Wilshire Credit Corp. Caution: Possible negative treatment. Click to Shepardize™ 711 F. Supp. 2d 1126, 2010 U.S. Dist. LEXIS 28220
Headnotes: HN2, HN11
Cited by: 711 F. Supp. 2d 1126 p.1139
A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Cited
E.D. Cal. 2010
59.
Light Blue – No phraseCited by
Singer v. Aurora Loan Servs. LLC Caution: Possible negative treatment. Click to Shepardize™ 2010 U.S. Dist. LEXIS 143564
Headnotes: HN2, HN4, HN11
… an obligation to tender the entire amount due under a loan in order to file a claim for damages against a trustee for wrongful foreclosure based on the trustee’s failure to provide the requisite statutory notices of default and sale. See, e.g., Munger v. Moore , 11 Cal.App.3d 1 , 7 , 89 Cal. Rptr. 323 (1970) (“a trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under …
Cited
E.D. Cal. Feb. 8, 2010
60.
Light Blue – No phraseCited by
Gonzalez v. First Franklin Loan Servs. Caution: Possible negative treatment. Click to Shepardize™ 2010 U.S. Dist. LEXIS 1657
Headnotes: HN2, HN4, HN11
… “A trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal. App.3d 1 , 7 , 89 Cal. Rptr. 323 (1970) . The complaint lacks facts of Defendants’ alleged illegal or fraudulent activity to impose tort liability based on their conduct in connection with foreclosure of the property.
Cited
E.D. Cal. Jan. 9, 2010
61.
Light Blue – No phraseCited by
Labes v. Ocwen Loan Servicing, LLC Citing Refs. With analysis available. Click to Shepardize™ 2009 U.S. Dist. LEXIS 103357
Headnotes: HN2, HN11
A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) .
Cited
E.D. Cal. Nov. 5, 2009
62.
Light Blue – No phraseCited by
Vega v. JP Morgan Chase Bank, N.A. Positive treatment indicated. Click to Shepardize™ 654 F. Supp. 2d 1104, 2009 U.S. Dist. LEXIS 83763, 74 Fed. R. Serv. 3d (Callaghan) 837
Headnotes: HN2, HN11
Cited by: 654 F. Supp. 2d 1104 p.1113
Moreover, defendants are correct that A purported wrongful foreclosure claim is premature when there has been no foreclosure of the property. a purported wrongful foreclosure claim is premature given there has been no foreclosure of the property. Munger v. Moore, 11 Cal.App.3d 1 , 7 , 89 Cal.Rptr. 323 (1970) (The “rule is that a trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of …
Cited
E.D. Cal. 2009
63.
Light Blue – No phraseCited by
LFJ Realty Co. v. Bank of N.Y. Caution: Possible negative treatment. Click to Shepardize™ 31 Misc. 3d 1217(A), 929 N.Y.S.2d 200, 2011 N.Y. Misc. LEXIS 1865, 2011 NY Slip Op 50712(U)
Headnotes: HN11
Cited by: 31 Misc. 3d 1217(A) p.1217; 2011 NY Slip Op 50712(U) p.8; 929 N.Y.S.2d 200 p.200
… process, the mortgagor has a remedy against the mortgagee in the form of an action for “wrongful foreclosure” ( see Graupner v Select Portfolio Servicing , 2009 Cal. App. Unpub. LEXIS 1442 , 2009 WL 428578 at 5 [Cal App 2d Dist 2009] ; Munger v Moore , 11 Cal App 3d 1 , 7 , 89 Cal. Rptr. 323 [Cal App 3d Dist 1970] ; Cassidy v Owen , 533 A2d 253 [DC 1986] ; Garrett v Crawford , 128 Ga. 519 , 57 SE 792 , 794 [Ga. 1907] ; Rogers v Barnes , 169 Mass. 179 , 47 NE 602 , …
N.Y. Sup. Ct. 2011-04-07
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