Topic
Foreclosure Law
38 published works
inversecondemnation.com
You Snooze You Lose In The Second Circuit: No Property Interest In Challenging A Statute When You Let The Statute Of Limitations Expire
The setup in Article 13 LLC v. New York Attorney General, No. 23-7247 (May 13, 2026) is very "Second Circuity," and is bit convoluted, so hang on while we get…
Commercial Case Notes
LLC Member Lacked Standing to Challenge Foreclosure on LLC’s Real Property
By John Lundin
On December 17, 2025, the Second Department issued a decision in Normandy Capital Trust v. 223 15th St, LLC, 2025 NY Slip Op. 07011, holding that an LLC member lacked…
Consumer Financial Services Law Monitor
U.S. Supreme Court Denies Petition for Certiorari with FAPA Implications
By Joseph DeFazio, William D. Foley, Jr., Joseph Froehlich
In a significant development for lenders and borrowers alike, on October 6, the U.S. Supreme Court declined to review the Fox decision, leaving unresolved questions about the retroactive application of…
SCOV Law
Party Like You Know Who The Parties Are
By Elizabeth Kruska Hi, y’all. It’s been a minute. Andy asked me to cover this week’s cases and then it turns out there’s one and it’s a foreclosure and it's a…
Commercial Case Notes
Defendant in Default Cannot Assert Affirmative Defense
By John Lundin
On September 10, 2025, the Second Department issued a decision in EMC Mtge. Corp. v. Anderson, 2025 NY Slip Op. 04877, holding that a defendant in default cannot assert an…
Bartlesville Law Blog
FAQ about Oklahoma Foreclosure Laws
By Kyle Persaud
Foreclosure can be a confusing, stressful process. Unfortunately, it’s also quite common; in recent years, almost half of the civil...
Consumer Financial Services Law Monitor
New York Court of Appeals to Review FAPA’s Constitutionality and Retroactive Application
By Joseph DeFazio, William D. Foley, Jr., Shawn Brenhouse, Harry Tiwari
As a follow up to our May post, FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review, the New York Court of Appeals has…
Financial Services Perspectives
Navigating Desbrunes: Implications and the Case for Overturning
In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased,…
Real Estate, Land Use & Environmental Law Blog
Navigating California’s New Foreclosure Laws: A Guide for Institutions
In the ever-evolving landscape of residential real estate, California is once again at the forefront with the passage of Assembly Bill (AB) 1837 and AB 2170, which became effective on…
Consumer Finance Watch
New York Law Journal: Can the Foreclosure Abuse Prevention Act Survive a Constitutional Challenge?
New York Law Journal, January 6, 2023 Diana M. Eng and Andrea M. Roberts ● In February 2021, the New York Court of Appeals issued a long-awaited decision in Freedom Mortgage…