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Keywords:

fraud,complaint,pleading,property,foreclosure,judicial,construction loan,dificiency judgment,california

Description:

This is a complaint by a California Bank (Provident) seeking a dificiency judgment against a borrower on a construction loan. The bank is alleging fraud in part to avoid problems with Californias anti-deficiency statute (also called one-action rule), which may or may not apply to construction loans. The protections of the anti-deficiency statute do no usually apply where the borrower has committed fraud. The complaint also seeks foreclosure on the property. The case was removed to federal court under diversity jurisdiction.