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When a property involves a deed of trust or mortgage, a rents and profits receivership may be needed for legal enforcement.

Deutsche Bank is having a rough month.  On May 3, 2011, the U.S. government filed a civil lawsuit against banking giant Deutsche Bank, alleging the bank’s mortgage subsidiary lied about the quality of loans insured under a government program.  The mortgages were guaranteed by the Federal Housing Administration and are expected to cost the government more than $1 billion, the New York Times reports.

Legal disputes stemming from residential real estate transactions are on the rise, largely due to the increase in short sales and foreclosures.  In regards to short sales, some sellers are taking legal action against their own real estate agents, alleging that they misrepresented or failed to disclose the possible loan deficiency amount owed to a lender (usually a “2nd”) and/or tax obligations.

As the real estate market continues on its rollercoaster, the number of mortgage defaults in San Diego County spiked by 34% in March.  The San Diego Union-Tribune is reporting that this is the largest monthly increase for San Diego County in two years.

My intention in writing this post is not to stoke up another debate over the current real estate debacle in California.  I do not intend to spark once again the philosophical wrangling between homeowners and their lenders.  I am a lawyer, not a radio talk-show host (yes, there is a difference).  I take this opportunity to present the options available to a homeowner who has fallen victim to a "wrongful foreclosure."