Topic
Foreclosure Sales
31 published works
Financial Services Perspectives
HUD Mortgagee Letter 2026-03 – Bridging the Gap Between Total Debt and CAFMV in the CWCOT Bidding Context
By James W. Wright Jr., John Thomas Mostellar III
The U.S. Department of Housing and Urban Development (HUD) recently took concrete steps toward addressing industry concerns and uncertainty related to the Claims Without Conveyance of Title (CWCOT) foreclosure bidding…
Commercial Case Notes
Buyer Obligated to Close Even Though Prior Owner Was Challenging Foreclosure Sale
By John Lundin
On October 15, 2025, the Second Department issued a decision in Nationstar Mtge., LLC v. Lalman, 2025 NY Slip Op. 05689, holding that a buyer was obligated to close even…
Commercial Case Notes
Questions of Fact Precluded Judgment on Reasonableness of Foreclosure Sale
By John Lundin
On May 21, 2024, the First Department issued a decision in Clover Private Credit Opportunities Origination (Levered) II, L.P. v. Sanberg, 2024 NY Slip Op. 02774, holding that questions of…
Tax Law Tx Blog
Foreclosure Sales: Buyers Can Be Required to Forfeit Property Even Years After Purchase
By Todd Wilson
Buyers, Beware of Purchasing a Decedent’s Foreclosed Property. Here’s Why. Foreclosures and property sales typically attract real estate investors hunting for bargain basement prices. That’s no secret. However, there may…
Indiana Commercial Foreclosure Law
Indiana Legislation Proposed To Shut Bad Acting Landlords Out Of Foreclosure Sales
Indiana House Bill 1048 proposes to some adjustments to the sheriff's sale process. Here is the latest synopsis of the bill:Allows the sheriff to conduct a public auction electronically. Prohibits…
Financial Services Perspectives
Bankruptcy Court Upholds Foreclosure Sale That Occurred Between Bankruptcy Case Dismissal and Subsequent Reinstatement
Frequently, borrowers file for bankruptcy at the 11th hour to halt foreclosure sales. Once a petition for bankruptcy relief has been filed, secured creditors must cease their collection efforts to…
Southeast Financial Litigation Monitor
Eleventh Circuit: Motion to Reschedule a Foreclosure Sale Not Barred by Regulation X
In an important victory for mortgage servicers, the Eleventh Circuit rejected a RESPA claim based on a motion to reschedule a foreclosure sale in Landau v. Roundpoint Mortgage Servicing Corp.…
Financial Services Perspectives
Ruling Eases Lenders’ Path to Deficiency Judgments in NC
Winning a deficiency judgment following foreclosure may become less costly for lenders following a May 5 ruling by the North Carolina Supreme Court in United Community Bank v. Wolfe. Reversing…
Legal Secrets
Notice to Quit May be Served Before Title Is Recorded after Foreclosure Sale
A buyer purchasing after a foreclosure sale, can serve a notice to quit to a tenant/former owner before recording the deed, e.g. before title is "perfected". Citing Code of Civil Procedure § 1161a…
South Florida Trial Practice
All Sales May Be Final, But No Foreclosure Sale Until Final Appealable Order
By David Greene
Can a foreclosure sale be held when interrelated counterclaims remain pending? Florida’s Second District Court of Appeal recently addressed this issue in DeLong v. Paradise Lakes Condominium Association, Inc., 2nd…