Topic
Foreclosures
864 published works
Iowa Bankruptcy Law Blog
Our Advances are Senior Based on a Dragnet Clause, Right? Not So Fast
By The Newsroom
In the midst of the COVID-19 pandemic, the Iowa Supreme Court’s opinion released on March 27, 2020 in Blue Grass Savings Bank v. Community Bank & Trust Company has the…
Consumer Financial Services Law Monitor
California Takes Lead To Stop Evictions and Foreclosures During COVID-19 Pandemic Last, National Response Ramping Up To Add Safeguards for Residents
By Ashley Nimitz, D. Kyle Deak, Ethan G. Ostroff
In response to economic concerns due to widespread closures caused by the coronavirus (“COVID-19”), on Sunday, March 15, Los Angeles Mayor Eric Garcetti issued an executive order putting a moratorium…
A Lawyer's Blog
THE FORECLOSURE PROCESS – ANOTHER CHART
From http://jmpattorney.blogspot.com/
Consumer Finance Spotlight
The Often Overlooked Federal Protections to Tenants in Foreclosure Actions
By Diane Bettino, Greyson K. Van Dyke
For institutional lenders, the filing of any foreclosure action requires careful navigation and compliance with various state and federal laws. Notice to the mortgagor, for instance, is a prerequisite to…
A Lawyer's Blog
A PRO SE HOMEOWNER SUCCEEDS ON APPEAL AGAINST THE BANK
In fact, the same homeowner had a similar issue in a Florida action and succeeded to have the foreclosure dismissed pro se. See Elsman v. HSBC Bank USA, 182 So.3d…
A Lawyer's Blog
MORTGAGE FORECLOSURE – RPAPL 1304 ON APPEAL
Once again this homeowner defense prevails on appeal.HSBC Bank USA, N.A. v Sawh, 2019 NY Slip Op 08556, Decided on November 27, 2019. Appellate Division, Second Department:"On January 5, 2007,…
A Lawyer's Blog
MORTGAGE FORECLOSURE – A SUCCESSFUL STANDING DEFENSE
HSBC Bank USA, N.A. v Williams, 2019 NY Slip Op 08554, Decided on November 27, 2019, Appellate Division, Second Department:"On December 21, 2004, the defendant Kirk Williams executed a note…
A Lawyer's Blog
FORECLOSURE FAILURE – MUST TAKE A DEFAULT WITHIN ONE YEAR
Chase Home Fin., LLC v Fernandez, 2019 NY Slip Op 06589, Decided on September 18, 2019, Appellate Division, Second Department:"The plaintiff commenced this mortgage foreclosure action on or about August…
A Lawyer's Blog
MORTGAGE FORECLOSURE – BANK WITHOUT STANDING CANNOT ACCELERATE THE DEBT
Herzl Dev. Group, LLC v Federal Natl. Mtge. Assn., 2019 NY Slip Op 06385, Decided on August 28, 2019, Appellate Division, Second Department:"In June 2005, nonparty Paul Russell executed a…
A Lawyer's Blog
FORECLOSURE FAILS DUE TO ABANDONMENT
A failure to secure a default judgment within one year has consequences under CPLR 3215 (c).HSBC Bank USA, N.A. v Slone, 2019 NY Slip Op 05963, Decided on July 31,…