Exceptions to the Purchaser Pendente Lite Theory – A Buyer’s Guide for Real Property Investors in Litigation

In today’s fast-paced real estate market, many investors are buying property that is involved in litigation. These investors may discover that the court prohibits them from intervening in the lawsuit, relying on the term “purchaser pendente lite.” The purchaser pendente lite theory can prohibit a purchaser from defending their new property in a lawsuit that was already pending when the property was bought. This often leaves new property buyers with no course but to simply observe while their property is subjected to a court judgment and sale in public auction.… Read More Exceptions to the Purchaser Pendente Lite Theory – A Buyer’s Guide for Real Property Investors in Litigation

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Bernhard Law Firm is granted leave to seek punitive damages in banking theft litigation

It is difficult to imagine a set of facts wherein a[n account manager] could have acted with any greater degree of gross negligence as to indicate a wanton disregard of the rights of his client. We deal here, in our view, with an ‘entire want of care or attention to duty,’ a ‘great indifference to the persons, property or rights of others,’ which has long been sufficient to justify a punitive damages award. … Read More Bernhard Law Firm is granted leave to seek punitive damages in banking theft litigation

Bernhard Law Firm’s article addresses self-executing acceleration notices and Snow v. Wells Fargo

In the article, Bernhard Law Firm addresses the recent decision from the Third District Court of Appeal in Snow v. Wells Fargo Bank, N.A., holding that a lender’s issuance of a letter demanding payment did not constitute an acceleration of the debt, and thus did not trigger the commencement of the five year statute of limitations.… Read More Bernhard Law Firm’s article addresses self-executing acceleration notices and Snow v. Wells Fargo