Topic
Foreclosures
864 published works
Legal Profession Blog
Attorney Immune From Opposing Party’s Statutory Theft Claim
The Connecticut Appellate Court affirmed the dismissal of a claim against an attorney on litigation privilege immunity grounds. This appeal concerns an issue of first impression in Connecticut: whether an attorney…
SCOV Law
Fourclosure
Who knows what we're thinking with this one?Provident Funding Associates, L.P. v. Campney, 2017 VT 120 By Elizabeth Kruska This case is a lot to wade through, which is why it’s…
Consumer Financial Services Law Monitor
Iowa Lifts COVID-19 Debt Collection, Eviction, Foreclosure Moratorium
By Alex Teixeira, Ethan G. Ostroff
On May 26, Iowa Governor Kim Reynolds signed a new proclamation continuing the coronavirus (“COVID-19”) Public Health Emergency until June 25, 2020, but lifting a moratorium on evictions, foreclosures, and…
California Real Estate Lawyers Blog
California Foreclosure, Junior Liens, and Unencumbered Percentages – How the sale Proceeds are Split between the Parties
By Law Office Of James J. Falcone
A junior lienor is a lender who is not in first place on the property – there is a senior lien in front of them. This often occurs when an…
Southeast Financial Litigation Monitor
A personal guarantor who does not have an interest in the property secured by the debt lacks standing to assert wrongful foreclosure.
By Gregory C. Cook, Ginny Willcox Leavens
In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because…
Pennsylvania Law Monitor
Pennsylvania Evictions, Foreclosures & the CARES Act
Yesterday, Governor Wolf signed an Order staying evictions that would require compliance with the Pennsylvania Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act for 60…
Crunched Credit
A Mayday on May Day . . .
Last week the New York Supreme Court answered an SOS from a borrower seeking a TRO to prevent a sale under the UCC in NYC that was scheduled to take…
Family
Wife Doesn’t Get Out of Alimony By Letting Mortgage Get Foreclosed
By Miles Mason
Tennessee alimony modification case summary. Janet Lynnette McCormick v. Donny Joe McCormick The husband and wife in this Henderson County, Tennessee, case were divorced in 2012. Under their marital dissolution…
Virgin Islands Law Blog
What You Should Know About Foreclosure in the U.S. Virgin Islands
When dealing with the foreclosure of a residential or commercial mortgage on a home, business, or other real property, it is crucial to have a trusted and capable attorney on…
California Real Estate Lawyers Blog
A Deed of Trust can be Assigned Apart from the Note, and that often occurs just before a foreclosure. But What Does That Mean? Not Much, the Deed of Trust is Inseparable from the Note
By Law Office Of James J. Falcone
Notes and Deeds of Trust are often assigned to different parties. The question posed is what happens if the Deed of Trust alone is assigned? A typical assignment of the…