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57 May 2025 May 2025 » F E A T U R E safe, lenders should bid as close to the actual value of the property as possible after, of course, consulting with their counsel. » What happens if the property was lost post-foreclosure, but before the 45-day period for upbids expires? Under a recent revision to Civil Code § 2924m, the borrower's insurance remains in effect during the 45-day limbo period. » Does the borrower have any claim to insurance proceeds post-foreclosure? Generally, no. But see discussion on the full-credit bid rule. » Does the fact that the loan was in default at the time of the loss impact the insurance process? Generally— no. As discussed above, contractual obligations continue. That said, the language of the deed of trust will con- trol. In some instances, the deed of trust may require that the insurance proceeds be first used to cure any default. We recommend that lenders check the deed of trust and confirm with counsel as needed. » If the lender is under-insured, can it simply sue the borrower for the added loss? In most instances—no. California's anti-deficiency statutes coupled with the One-Action Rule work together to limit a lender's right to sue the borrower for a loss. Lenders are usually limited to the available insurance proceeds and the value of the remaining property to repay the loan. Losing one's home to a fire or any other natural disaster is truly tragic. The devastation is often compounded by the risk of losing what is left of the property to the Lender for failing to pay the loan. To limit the impact on the borrower, lenders are encouraged to openly and regularly communicate with their bor- rowers to achieve a mutually agreeable solution. But, to do that, lenders need to know their rights and obligations following the loss. Hopefully, this article will help lenders better understand what they can and cannot do with respect to their loan and the insurance proceeds, allowing them to work intel- ligently with their borrowers to craft a mutually agreeable solution. Disclaimer: The above information is tailored to California loans and is intended for information purposes alone and is not intended as legal advice. Please consult with counsel before taking any steps in reliance on any of the information contained herein. FINDING A POSITIVE PATH FORWARD MORTGAGE LENDERS: THREE WAYS TO BREAK THE HIRING-LAYOFFS CYCLE Tactfully navigating changes in the mortgage marketplace can make or break a company, and Tim Von Kaenel of CI&T provides three keys to better position yourself when the market pivots. IN A CHALLENGING MARKET, HOME EQUITY INVESTMENTS OWN THE SPOTLIGHT In order for HEIs to realize their full potential, it will take the expertise and resources of multiple industry stakeholders. BUILDING REFERRAL RELATIONSHIPS FOR MORE CONSISTENT BUSINESS Veteran mortgage sales trainer and coach Ron Vaimberg shares with MortgagePoint the coaching tips and strategies necessary to establish and foster enduring relationships in the mortgage marketplace. HOW INVESTORS CAN THRIVE IN CRE AMID CHALLENGING MARKET CONDITIONS Derrick Barker of Nectar discusses the state of the commercial real estate sector, and steps that investors can take in order to weather market volatility. IN THIS ISSUE Amid political controversy and budgetary cutbacks, experts discuss diversity, equity, and inclusion strategies' role in today's marketplace as both the American homeownership landscape and workforce continue to diversify and undergo significant demographic shifts. Brought to you by & YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS MAY 2024 Magazine Brought to you by & YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS JULY 2024 Magazine White House Main Street America TO FROM THE As the November elections near, what ripple effects will the next Administration have on the housing industry? MortgagePoint gathered a panel of experts to dig deeper into the impact of the Presidential Elections and potential changes in the White House. FEATURE STORY THE BEST SOLUTION IS NOT ALWAYS THE SHINY NEW TOY While it can be debated as to how much default and foreclosure activity lies ahead, default servicers must carefully examine their tech systems to keep ahead of the curve. FEATURE STORY DRIVING GROWTH: LEVERAGING HOME EQUITY TO EXPAND LOAN OFFICER OPPORTUNITIES In a tight market, LOs seeking to diversify their product offerings are turning to home equity offerings to expand their role and become a financial guide for life. COUNSEL'S CORNER FACING THE FORECLOSURE AND BANKRUPTCY CHALLENGES OF TODAY Robert S. Kahane, a foreclosure and bankruptcy attorney with more than 30 years under his belt, discusses current compliance issues related to loan servicing process enhancements. EXPERT INSIGHTS TONY JULIANELLE, CEO OF REAL ATLAS ESTATE discusses current market trends and the forces that will shape the landscape in the industry. ALSO IN THIS ISSUE: Brought to you by & YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS AUGUST 2024 Magazine The Burden of Proof MortgagePoint profiles Bron, Inc., a company that has carved out a unique niche with a focus crucial but often-overlooked tasks such as managing registrations, utilities, and HOA verifications. TO YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS LEAVING ITS MARK ON THE INDUSTRY THE 2024 FIVE STAR CONFERENCE SEPTEMBER 24-26, 2024 DALLAS, TEXAS OCTBER 2024 Magazine EXPERT INSIGHTS DUTCH MENDENHALL Founder of RADD Companies YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS NOVEMBER 2024 Magazine Industry Leaders on What's Ahead MortgagePoint speaks with servicing executives about the current state of the industry, the challenges they are currently navigating, and what they expect for the year ahead. PUTTING OUR FOCUS ON THE BORROWER'S EXPERIENCE While technology is upgraded and elevated in the mortgage space, nothing can replace the deep understanding of a borrower's needs that only a lender can have. HOW DIGITAL TECHNOLOGY HELPS KEEP THE AMERICAN DREAM ALIVE FOR MILITARY BORROWERS TAKING THE PULSE OF MORTGAGE SERVICING FINDING A POSITIVE PATH FORWARD MORTGAGE LENDERS: THREE WAYS TO BREAK THE HIRING-LAYOFFS CYCLE Tactfully navigating changes in the mortgage marketplace can make or break a company, and Tim Von Kaenel of CI&T provides three keys to better position yourself when the market pivots. IN A CHALLENGING MARKET, HOME EQUITY INVESTMENTS OWN THE SPOTLIGHT In order for HEIs to realize their full potential, it will take the expertise and resources of multiple industry stakeholders. BUILDING REFERRAL RELATIONSHIPS FOR MORE CONSISTENT BUSINESS Veteran mortgage sales trainer and coach Ron Vaimberg shares with MortgagePoint the coaching tips and strategies necessary to establish and foster enduring relationships in the mortgage marketplace. HOW INVESTORS CAN THRIVE IN CRE AMID CHALLENGING MARKET CONDITIONS Derrick Barker of Nectar discusses the state of the commercial real estate sector, and steps that investors can take in order to weather market volatility. IN THIS ISSUE Amid political controversy and budgetary cutbacks, experts discuss diversity, equity, and inclusion strategies' role in today's marketplace as both the American homeownership landscape and workforce continue to diversify and undergo significant demographic shifts. Brought to you by & YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS MAY 2024 Magazine Brought to you by & YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS JULY 2024 Magazine White House Main Street America TO FROM THE As the November elections near, what ripple effects will the next Administration have on the housing industry? MortgagePoint gathered a panel of experts to dig deeper into the impact of the Presidential Elections and potential changes in the White House. FEATURE STORY THE BEST SOLUTION IS NOT ALWAYS THE SHINY NEW TOY While it can be debated as to how much default and foreclosure activity lies ahead, default servicers must carefully examine their tech systems to keep ahead of the curve. FEATURE STORY DRIVING GROWTH: LEVERAGING HOME EQUITY TO EXPAND LOAN OFFICER OPPORTUNITIES In a tight market, LOs seeking to diversify their product offerings are turning to home equity offerings to expand their role and become a financial guide for life. COUNSEL'S CORNER FACING THE FORECLOSURE AND BANKRUPTCY CHALLENGES OF TODAY Robert S. Kahane, a foreclosure and bankruptcy attorney with more than 30 years under his belt, discusses current compliance issues related to loan servicing process enhancements. EXPERT INSIGHTS TONY JULIANELLE, CEO OF REAL ATLAS ESTATE discusses current market trends and the forces that will shape the landscape in the industry. ALSO IN THIS ISSUE: Brought to you by & YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS AUGUST 2024 Magazine The Burden of Proof MortgagePoint profiles Bron, Inc., a company that has carved out a unique niche with a focus crucial but often-overlooked tasks such as managing registrations, utilities, and HOA verifications. TO YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS LEAVING ITS MARK ON THE INDUSTRY THE 2024 FIVE STAR CONFERENCE SEPTEMBER 24-26, 2024 DALLAS, TEXAS OCTBER 2024 Magazine EXPERT INSIGHTS DUTCH MENDENHALL Founder of RADD Companies YOUR TRUSTED SOURCE FOR MORTGAGE BANK ING AND SERVICING NEWS NOVEMBER 2024 Magazine Industry Leaders on What's Ahead MortgagePoint speaks with servicing executives about the current state of the industry, the challenges they are currently navigating, and what they expect for the year ahead. PUTTING OUR FOCUS ON THE BORROWER'S EXPERIENCE While technology is upgraded and elevated in the mortgage space, nothing can replace the deep understanding of a borrower's needs that only a lender can have. HOW DIGITAL TECHNOLOGY HELPS KEEP THE AMERICAN DREAM ALIVE FOR MILITARY BORROWERS TAKING THE PULSE OF MORTGAGE SERVICING Subscribe to MortgagePoint and MortgagePoint Digital now! Experts you trust. People you know. News you want. MortgagePoint is putting essential mortgage market news at your fingertips with our new digital edition, now available online via your smartphone, tablet, or computer. Enjoy the magazine at your desk, and tap into MortgagePoint Digital's easily accessible platform anywhere, anytime. Committed to giving originators, servicers, and all lending professionals access to smarter perspectives, MortgagePoint believes it's time to think differently about the mortgage industry. Because the American Dream is evolving . . . are you? Magazine