Topic
Foreclosures
862 published works
Paul W. Mollica Federal Courts Blog
Foreclosure Case Crumbles Because Bank Expressly Declined Consent to Proceed Before Magistrate Judge, Holds Fifth Circuit
In PNC Bank, NA v. Ruiz, No. 20-50255 (5th Cir. Mar. 2, 2021), the Fifth Circuit vacates a summary judgment because there was no record that the bank ever consented…
Consumer Finance Spotlight
New York Appellate Divisions Reach Different Conclusions as to Whether Actions on the Note May be Maintained once the Statute of Limitations Bars Enforcement of the Mortgage, Leaving the Issue Ripe for the Court of Appeals
By Andrew Messite, James N. Faller
The Appellate Division, Third Department recently issued a decision in Citimortgage, Inc. v Ramirez, ___AD3d___, 2020 NY Slip Op 07970 (2020) ("Ramirez"), concerning the plaintiff lender's appeal from the Supreme…
Financial Services Perspectives
New York Enacts a Moratorium on COVID-19-Related Residential Evictions and Foreclosures
By Courtney Achee, Christy W. Hancock
On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real…
Legal Secrets
The “normal” statute of limitations does NOT apply to foreclose using a power of sale on a Deed of Trust (e.g. private sale)!
Logically, the 4 year statute of limitations of Civil Code §387(1) applies to breach of a promissory note secured by a deed of trust. But foreclosure on the deed of…
Jay K. Nixon's Law and Life
Foreclosure by Ex-In-laws Who Hold 2nd Mortgage
https://www.avvo.com/legal-answers/authorized/can-ex-in-laws-pursue-foreclosure-and-take-me-to-c-5061203.html?answered=true Can ex in laws pursue foreclosure and take me to court if I am in the process of refinancing the house? I am currently refinancing the house that is…
PropertyProf Blog
#BlackHomesMatter Virtual Event
By Chris Odinet
This just in from Bernadette Atuahene (Chicago-Kent): Like #BlackLivesMatter, #BlackHomesMatter is more than a moment — it’s a movement. The virtual #BlackHomesMatter event will take place on Wednesday, Jan. 13,…
Financial Services Perspectives
In the Strangest Year Ever, We’re Very Thankful and Wish You a Happy Thanksgiving
By Christy W. Hancock, Hallman B. Eady, Leah M. Campbell
As everyone steps away from their (home) office to celebrate Thanksgiving, we wanted to count our blessings as we review this truly remarkable and unusual year. In addition to frontline…
HeplerBroom Blog
How will COVID-19-Related Property Foreclosures Affect Property Insurance Claims?
Economic forecasters have been anticipating a significant spike in real estate foreclosures and evictions as a result of the coronavirus pandemic since before states began issuing lockdown orders in March…
A Lawyer's Blog
A SUMMARY JUDGMENT MOTION REQUIRES ADMISSABLE EVIDENCE
In this case, a foreclosure is delayed due to the bank's failure to submit proper evidence in its motion papers.SELENE FIN., LP v. Coleman, 2020 NY Slip Op 5962 -…
A Lawyer's Blog
UNPAID CONDO CHARGES TO BOARD LEADS TO FORECLOSURE
BOARD OF MGRS. OF 4260 BROADWAY CONDOMINIUM v. Veloz, 2020 NY Slip Op 32361 - NY: Supreme Court July 20, 2020:"In this condominium common charges lien foreclosure action, plaintiff Board…