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Foreclosures

862 published works

  1. Paul W. Mollica Federal Courts Blog

    Foreclosure Case Crumbles Because Bank Expressly Declined Consent to Proceed Before Magistrate Judge, Holds Fifth Circuit

    By Paul W. Mollica

    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…

  2. 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…

  3. 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…

  4. 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)!

    By Michael Simkin

    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…

  5. Jay K. Nixon's Law and Life

    Foreclosure by Ex-In-laws Who Hold 2nd Mortgage

    By Attorney Jay K. Nixon

     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…

  6. 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,…

  7. 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…

  8. HeplerBroom Blog

    How will COVID-19-Related Property Foreclosures Affect Property Insurance Claims?

    By Robert Hartzer

    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…

  9. A Lawyer's Blog

    A SUMMARY JUDGMENT MOTION REQUIRES ADMISSABLE EVIDENCE

    By Jon Michael Probstein Esq.

    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 -…

  10. A Lawyer's Blog

    UNPAID CONDO CHARGES TO BOARD LEADS TO FORECLOSURE

    By Jon Michael Probstein Esq.

    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…