Topic
Foreclosures
860 published works
Regulatory Oversight
Arizona AG Pursues Fraudulent Real Estate Scheme Targeting Alleged Fraudsters, Title Companies, Attorneys, and Law Firms
By Troutman Pepper Locke State Attorneys General Team, Troy Homesley
On March 7, Arizona Attorney General (AG) Kristin Mayes filed a novel lawsuit alleging consumer fraud and racketeering against numerous entities, individuals, and even law firms and title companies involved…
Consumer Financial Services Law Monitor
Sixth Circuit Affirms Dismissal of FDCPA Claims for Lack of Standing, But for Lack of a Causal Connection
By Stefanie Jackman, Ethan G. Ostroff
In a recent decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of federal claims brought by a mortgagee against Trinity Financial Services, LLC (Trinity) under…
Commercial Case Notes
Lender is Not Required to Foreclose on Collateral Rather Than Sue for Amount Due on Loan
By John Lundin
On December 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in TPCAF I, LLC v. Aboutaam, 2024 NY Slip Op. 34420(U), holding that a…
Ira J. Metrick's Law Blog
How to Escape From Zombie Mortgages
By JSMTAdmin
Zombie Mortgage Loan foreclosures are on the rise in New Jersey. If you’ve recently discovered a long-forgotten second mortgage or Home Equity Line of Credit coming back to haunt you,…
Financial Services Perspectives
Tennessee Supreme Court Clarifies Standing Law and Eliminates Wrongful Foreclosure as a Cause of Action in a Big Win for Mortgage Industry
By J. Hunter Robinson, Erik Halvorson
Bradley scored a significant victory in the Tennessee Supreme Court on November 14, 2024. In a long-awaited decision, the Tennessee Supreme Court clarified a long-standing inconsistency in Tennessee law with…
Commercial Case Notes
Summary Judgment for Foreclosure Denied Because Supporting Affiant Lacked Personal Knowledge of Non-Payment
By John Lundin
On September 11, 2024, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. E39 St., LLC, 2024 NY Slip Op. 04417, holding that a lender was…
Commercial Case Notes
Plaintiff in Foreclosure Action Denied Summary Judgment Because of Insufficient Proof That Allonge was Attached to the Note
By John Lundin
On August 21, 2024, the Second Department issued a decision in Lakeview Loan Servicing, LLC v. Florio, 2024 NY Slip Op. 04256, denying plaintiff in a foreclosure action summary judgment…
Louisiana Law Blog
Federal Court Foreclosure on Real Estate
By Eric Lockridge, Katilyn Hollowell
In this final part of our discussion of the foreclosure process on commercial real estate in Louisiana, we are detailing the procedures involved in foreclosing on property in Louisiana utilizing…
Indiana Commercial Foreclosure Law
IBJ.com: Owner Of 27-story Downtown Indianapolis Apartment Tower Faces $101M Foreclosure Lawsuit
Today's Indianapolis Business Journal is reporting that the relatively new 360 Market Square building on the east side of downtown Indianapolis is the subject of a mortgage foreclosure action. Click…
Indiana Commercial Foreclosure Law
Another Indiana Decision Concerning Attorney’s Fees In A Foreclosure Action
Lesson. A claim for attorney’s fees should not be disproportionate to the amount in controversy. Case cite. Garber v. Blair, 224 N.E.3d 970 (Ind. Ct. App. 2023)Legal issue. Whether the…