Topic
Foreclosures
860 published works
New York Attorney Malpractice Blog
Legal Malpractice References in a Foreclosure Case
Deutsche Bank Natl. Trust Co. v Lopresti 2025 NY Slip Op 51235(U) Decided on July 28, 2025 Supreme Court, Rockland County Fried, J. is a case where history has caught…
Consumer Financial Services Review
California Enacts Servicing Requirements for Subordinate Residential Mortgages
By Krista Cooley, Ian Brown, Kris D. Kully
On June 30, California Governor Newsom signed Assembly Bill No. 130 (“AB130” or the “Bill”). Effective immediately, the Bill added a new section to the California Civil Code to codify…
Ira J. Metrick's Law Blog
How Long is the Pre-Foreclosure Process?
By JSMTAdmin
Before a Foreclosure Complaint is filed with the Court, a property is in “The Pre-Foreclosure Stage.” Understanding how long the pre-foreclosure process is, along with the NJ foreclosure timeline, is…
Financial Services Perspectives
New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA
By Christy W. Hancock, Erik Halvorson
After years of denying review, the New York Court of Appeals — the state’s highest court — agreed to address the question of whether New York’s momentous Foreclosure Abuse Prevention…
Massachusetts Chapter 93A Insights
Chapter 93A and the Limits of Consumer Protection: Lessons From Wells Fargo Bank, N.A. v. Coulsey
By David G. Thomas, Angela C. Bunnell
In a long-running Massachusetts foreclosure case, Wells Fargo Bank, N.A. v. Coulsey, the Massachusetts Appeals Court weighed in on the applicability and limits of Chapter 93A.
Consumer Financial Services Law Monitor
FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review
By Joseph DeFazio, William D. Foley, Jr., Joseph Froehlich, Harry Tiwari
The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns…
Financial Services Perspectives
CFPB Rescinding the 2021 COVID-19 Mortgage Servicing Final Rule
By Jonathan R. Kolodziej, Jason R. Bushby
On May 15, 2025, the Consumer Financial Protection Bureau (CFPB) filed an interim final rule in the Federal Register that will rescind its prior 2021 COVID-19 mortgage servicing final rule.…
Commercial Case Notes
Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It
By John Lundin
On April 16, 2025, the Second Department issued a decision in Nechadim Corp. v. 500 Putnam St. Realty, LLC, 2025 NY Slip Op. 02214, holding that a party that sold…
Commercial Case Notes
Defendant Has Burden of Showing That Foreclosure is Barred by RPAPL 1301
By John Lundin
On April 9, 2025, the Second Department issued a decision in NewBank v. Yong Won Bu, 2025 NY Slip Op. 02078, holding that the defendant has the burden of showing…
Financial Services Perspectives
Veterans Affairs Ending Mortgage Rescue Program
By Christy W. Hancock, Jason R. Bushby, Robin-Renee Keys
On April 3, 2025, the U.S. Department of Veterans Affairs (VA) announced it will end the Veterans Affairs Servicing Purchase (VASP) program on May 1, 2025. This decision comes just…