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Month: November, 2011

Great Western Bank v. Multibank 2009-1 RES-ADC Ventures, LLC

Early Sullivan was brought into this action at the eleventh hour (before a scheduled foreclosure on certain commercial property in Clark County, Nevada), and successfully obtained a temporary restraining order on behalf of our client Great Western Bank, barring defendant Multibank from “land locking” a 62 unit condominium complex on which Great Western Bank had a multi-million dollar deed of trust.

Stoneridge v. Van Vactor

Six months after appearing in a mechanic’s lien foreclosure action in Los Angeles Superior Court (that had already been pending for years), Early Sullivan obtained judgment on the pleadings on all causes of action that had been filed against its client, Clarion Mortgage Capital, Inc., after demonstrating that the plaintiff’s contractor’s license had been automatically suspended as a matter of law, thus barring the plaintiff from recovering on any claims, whatsoever, arising in connection with the subject construction project.

RNT Holdings, LLC v. United General Title Insurance Company

Early Sullivan is currently representing United General Title Insurance Company in connection with the defense of a breach of contract claim under a lenders title policy issued by our client. The plaintiff, lender RNT Holdings, contends that is was supposed to receive (and was allegedly insured for) a first position deed of trust on a residence owned by film producer David Bergtein, but only received a second position deed of trust behind another multimillion dollar lien on the property. RNT contends it was required to pay off the earlier lien and is now seeking to recoup that amount ($3.5 million) from United General Title.

Federal National Mortgage Association v. Wachovia Mortgage Corporation (a Division of Wells Fargo Bank, N.A.)

Early Sullivan was brought into this matter just two days before a scheduled foreclosure sale, and successfully obtained a temporary restraining order in Riverside County, California Superior Court, for lender Federal National Mortgage Association (“Fannie Mae”), halting the trustee’s sale on the morning that it was scheduled to occur. Early Sullivan thus preserved the validity and priority of Fannie Mae’s deed of trust on the subject property. Our efforts included the filing of a complaint for declaratory relief, injunctive relief, statutory penalties, equitable subrogation and negligence, the recording and filing of a lis pendens, and corresponding ex parte briefing and argument, just two business days after being retained.

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