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Expert Analysis

Obtaining Atty Fees From Calif. Mortgagees Just Got Easier

By Jason Scott and Ian Rambarran (March 25, 2019, 5:15 PM EDT) -- California's Fifth Appellate District recently published its decision in Hardie v. Nationstar Mortgage LLC,[1] swinging the attorneys' fees pendulum even farther in favor of borrowers, sending a strong signal to lenders and servicers working in California to think twice and think fast before going to sale. Now, lenders and servicers are subject to claims of attorneys' fees should a borrower obtain a temporary restraining order, or TRO, enjoining a foreclosure sale. This is a shift in the law, which previously held that fees were recoverable at the preliminary injunction phase....

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