Foreclosures - LAW OFFICES OF WILLIAM MARKHAM, P.C.

Foreclosures Litigation and Counseling

Mr. Markham has significant experience litigating substantial foreclosure matters, such as judicial foreclosures and challenges to improper trustee sales. His article on foreclosure law became famous during the prolonged crisis in the housing and mortgage markets from which the country is finally emerging. He composed the article in 2000 after litigating a major foreclosure dispute in Northern California. From 2007 onward, he began to receive calls almost daily from lenders, borrowers, and others who had questions about the foreclosure laws of California. During the long “foreclosure crisis,” which ran from 2007 until 2012 or so, he was interviewed extensively on foreclosure matters by major news media, and he made appearances on the San Diego affiliate of NBC to answer and debate issues of foreclosure law. The New York Times, which interviewed and quoted him twice on foreclosure law, characterized him as an “expert” on this topic. He also served as a lecturer on foreclosure law during this period, giving MCLE classes on the subject to other attorneys.

Mr. Markham accepts only substantial foreclosure disputes or novel questions of foreclosure law, but we may be able to refer less significant matters to other qualified practitioners.

WE DEFEATED JPMORGAN CHASE BANK’S LIEN AND FORECLOSURE ACTION

The world’s largest bank, JPMorgan Chase Bank, N.A., sued Mr. Markham’s clients in 2016, seeking to perfect an equitable lien and enforce it by a nonjudicial foreclosure. After a particularly arduous litigation, Mr. Markham prevailed for his clients on summary judgment in 2017, winning on all claims and defeating the lender’s efforts to seize and sell a highly valuable residential property in San Diego, California. Mr. Markham also recovered his attorney’s fees and costs of suit from the lender, which subsequently abandoned its appeal, so that the outcome of this case has become final and non-appealable. Case NameJPMorgan Chase Bank, N.A.  v. Cho (S.D. Cty. Sup. Ct., Case No. 37-2016-00045054-CU-OR-CTL).

Mr. Markham's Articles on Antitrust Law

AN OVERVIEW OF ANTITRUST LAW (By William Markham, ©2000)

"Antitrust law is the law of competition and is perhaps the least understood law of all. This article provides an overview and explanation of the essential principles of antitrust law."

ANTITRUST EXEMPTIONS AND IMMUNITIES (By William Markham, ©2022)

"Over the years, Congress and the federal courts have established various immunities from federal antitrust law, removing from its reach specified commercial activities and even entire lines of commerce."

HOW THE CONSUMER-WELFARE STANDARD TRANSFORMED CLASSICAL ANTITRUST LAW (By William Markham, ©2021)

"Since the late 1970s, antitrust law in the United States has been transformed out of recognition and rendered largely toothless by consumer-welfare jurisprudence....,"

ANTITRUST AND FREE MARKETS (BY William Markham, © 2022)

“Some critics of antitrust law treat it as mere governmental overreach and an unwelcome infringement upon the ordinary operations of our free markets. (….) That criticism betrays a fundamental misunderstanding of the very term ‘free markets,’ which refers to markets that are free of any undue restraint, whether public or private.”

UNLAWFUL PRICE DISCRIMINATION (By William Markham, © 2013)

“In this article I take up the obscure, problematic doctrine of illegal price discrimination, which was codified by the Robinson-Patman Act during the Great Depression, and which the modern, conservative Supreme Court has severely limited.”

WHY ANTITRUST LAWS MATTER (By William Markham, © 2006)

“The antitrust laws are supposed to promote and protect competition, or, if you will, competitive processes in distinct ‘lines of commerce’ or ‘relevant markets.’ This alone is their proper purpose.

Mr. Markham's Articles on
Trial Procedure and Contract Law

MAKING SENSE OF THE RULES OF EVIDENCE AND PRESENTING YOUR EVIDENCE AT TRIAL (By William Markham, ©2011)

"I try in this article simply to set forth a list of simple rules to explain the key points of the law of evidence. I also offer several pointers on organizing evidence in order to present it competently at trial."

ANATOMY OF A LAWSUIT (By William Markham, ©2007)

"This article is written for non-lawyers, young litigators, and non-litigator attorneys who wish to understand how a lawsuit works in practice from start to finish."

AN OVERVIEW OF CONTRACT LAW (By William Markham, ©2002)

"Contract law lies at the heart of our system of laws and serves as the foundation of our entire society.... Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible."