Legal Question in Real Estate Law in California

Does anyone know about civil code 1367.1-1367.4 regarding foreclosure? I am paid up in full on assessments and HOA still trying to foreclose. What I read the law doesn't allow for foreclosure if assessment are paid and yet I found no case law on matter since the law went into effect in 2006. Judges are afraid to rule?


Asked on 8/12/12, 2:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I can assure you that judges aren't afraid to rule.........they may not always rule correctly, but timidity is generally no factor.

A leading and fairly recent case you can look up easily is Barry v. OC Residential Properties, LLC, decided in April, 2011 and reported as 194 Cal.App.4th 861.

The case and various commentaries on it can be found via Google as well as in the standard law libraries.

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Answered on 8/12/12, 5:21 pm


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