Topic
Foreclosures
860 published works
Indiana Commercial Foreclosure Law
Lengthy, Multi-Case Foreclosure Conflict Insufficient To Establish Lender Had Unclean Hands
Lesson. In Indiana, the equitable defense of unclean hands requires proof of intentional misconduct. Case cite. United States Bank Nat'l Ass'n v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App. 2023)Legal…
Financial Services Perspectives
Alabama Supreme Court Narrows Grounds to Challenge Mortgage Foreclosure Sales
By R. Aaron Chastain, Erik Halvorson
The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated…
Maine Appeals
The Court as Casino No More: Law Court Ends Stringent Foreclosure Rule
The Law Court has dramatically reshaped foreclosure law in Maine, ending the Court’s outlier position regarding the effect of a defective notice of default. In Finch v. U.S. Bank, N.A.,…
Commercial Case Notes
Court Reject Constitutional Challenge to Foreclosure Abuse Prevention Act
By John Lundin
On December 6, 2023, Justice Grays of the Queens County Commercial Division issued a decision in Pennymac Corp. v. Erneste, 2023 NY Slip Op. 23411, rejecting a constitutional challenge to…
Zalma on Insurance
No Right to Insurance Proceeds After Foreclosure
By Barry Zalma
Foreclosure Changes Insurable Interest from Borrower to Lender Post 4787 See the full video at https://rumble.com/v40quhb-no-right-to-insurance-proceeds-after-foreclosure.html and at https://youtu.be/iNSo-kpWp7A In this contested residential mortgage foreclosure, defendants Mitchell and Deanna Minchello…
Ira J. Metrick's Law Blog
NJ Law Requires Deferral and Forbearance Agreements to be Listed in Foreclosure Complaints
By JSMTAdmin
NEW JERSEY REQUIRES THAT DEFERRAL AND FORBEARANCE AGREEMENTS BE LISTED IN FORECLOSURE COMPLAINTS During Covid, many lenders offered Forbearance, or Deferral agreements, to temporarily pause or reduce loan payments. At…
Adam Leitman Bailey's Blog
Day in the Life of: Adam Leitman Bailey
A New Yorker through and through, Adam Leitman Bailey, 53, actually moved from Bayside, Queens, to LA, of all places, when he was five years old. A self-described “Karate Kid”…
Legal Profession Blog
Confidence Not Inspired
The Ohio Supreme Court has suspended an attorney who had stipulated to misconduct but challenged the proposed sanctionIn a ten-count October 2022 amended complaint, relator, disciplinary counsel, alleged that Shaaban…
Ira J. Metrick's Law Blog
When is it Too Late to Save My Home From Foreclosure?
By JSMTAdmin
Facing foreclosure is a stressful and daunting experience for homeowners. New Jersey homeowners have specific rights and timelines to be aware of when trying to halt the foreclosure process. Whether…
New York Attorney Malpractice Blog
Foreclosure, Bankruptcy and Legal Malpractice
Lam v Weiss 2023 NY Slip Op 04308 Decided on August 16, 2023 Appellate Division, Second Department is the story of what happens when an attorney takes on a case…