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IMPORTANT TO ATTORNEY ADVOCATES

"Assignee" Banksters Have to Pay Homeowners' Attorney Fees if homeowner prevails as assumption of BURDENS goes with assumption of benefits

May 5, 2016

Although involving interesting amended judgment and litigation successor issues, Hearn Pacific Corp. v. Second Generation Roofing, Inc., Case No. A142203 (1st Dist., Div. 2 May 2, 2016) (published) reminds everyone that that an assignment involves assumption of both benefits and burdens. Here is the pertinent part it had to say with regard to potential assumption of a transaction with an attorney’s fees clause: “[A]n assignee’s acceptance of the benefits of a contract containing a fee clause, by bringing suit, constitutes an implied assumption of the attorney fee obligations, unless there is evidence the parties did not intend to transfer those fee obligations. (Erickson v. R.E.M. Concepts, Inc., 126 Cal.App.4th 1073, 1087 (2005); see also Heppler v. J.M. Peters Co., 73 Cal.App.4th 1265, 1289–1292 (1999); Civ. Code, §§ 1589, 3521.) And that is true even if, like here, there is only a partial assignment of contractual rights. (See Erickson, at pp. 1086–1087.)”

Now, here is the great appellate advocacy quote, which relates to how transparent one needs to be on appeal versus trying to “hide the ball.” Enjoy this quote: “Responsible (not to mention, effective) appellate advocacy requires confronting serious potential obstacles, not burying one’s head in the sand to them, be there potentially controlling adverse authorities or problematic portions of the record. As has been said by the federal circuit that is home to Chicago’s Lincoln Park Zoo: ‘The ostrich is a noble animal, but not a proper model for an appellate advocate.’ (Gonzalez- Servin v. Ford Motor Co. (7th Cir. 2011) 662 F.3d 931, 934 [Posner, J.].)”

 

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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