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Prevailing Party: Mixed Results In Transfer Fee Litigation Means No One Obtained Fees Or Costs (CA)

/ Owner - February 6, 2018

Marina Pacifica Homeowners Assn. v. Southern California Financial Corp., Case No. B276719 (2d Dist., Div. 8 Feb. 5, 2018) (published) was hard fought litigation over the validity and timing of an assignment/transfer fee. In the end, the trial court—after bifurcating the trial into several phases—decided the transfer fee could not be collected after December 31, 2008, the fees imposed before that date should have been calculated on 4% of fair market value rather than 10%, and the escalation in the fee for a certain period of time did not fail for lack of consideration.     Read the article………………..

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