Topic
Foreclosures
864 published works
PropertyProf Blog
NEW BOOK: Mortgage Servicers, Securitization, and Homeowners in Distress
By Chris Odinet
Anyone who knows me, knows I've been obsessed over the past few years with mortgage servicers (what I call the "mortgage middlemen"). My beef with them is that they hold…
Massachusetts Land Use Monitor
Affordable Housing Covenants Have Protected Status in Foreclosures
The Boston Redevelopment Authority d/b/a Boston Planning and Development Agency has the right to challenge a foreclosure that purportedly terminated a covenant restricting the use of property to affordable housing.…
A Lawyer's Blog
MORTGAGE FORECLOSURE – IMPROPER SERVICE REVERSES JUDGMENT FOR TRAVERSE HEARING
Federal Natl. Mtge. Assn. v Alverado, 2018 NY Slip Op 08918, Decided on December 26, 2018, Appellate Division, Second Department:"In an action to foreclose a mortgage, the defendants Rudy E.…
A Lawyer's Blog
FORECLOSURE – RPAPL 1304 DEFENSE FAILS AS RECEIPT IS NOT REQUIRED PROOF
Deutsche Bank Nat'l. Trust Co. v. Jimenez, NYLJ 12/20/18, Date filed: 2018-11-30, Court: Supreme Court, Suffolk County Judge: Justice Robert Quinlan, Case Number: 16236/2011:"Before further discussion the court notes a…
Titles and Deeds
What California Real Estate Investors Should Consider When Purchasing Real Property at Foreclosure Auctions
By Bona Law PC
Author: Staff The possibility of foreclosure has been a persistent reality for real estate owners for some time. Foreclosures often occur when property owners default on their mortgages. County or state…
Consumer Finance Monitor
CFPB files SCOTUS amicus brief; argues FDCPA does not apply to non-judicial foreclosure proceedings
The CFPB has filed an amicus brief in the U.S. Supreme Court in support of the respondent/law firm defendant in Obduskey v. McCarthy & Holthus LLP, et al., a Tenth…
Financial Services Perspectives
Eleventh Circuit Rules Reverse Mortgage Companies Not Prohibited from Foreclosing on Non-Borrowing Spouses
Mortgagees of Home Equity Conversion Mortgages (“HECMs,” more commonly known as reverse mortgages) obtained a significant victory in an important federal appellate court, which ruled last month that non-borrowing spouses…
Ohio Appellate Insights
Court Dismisses Foreclosure Case as Improvidently Accepted. Wells Fargo Bank, N.A. v. Burd.
On September 27, 2018, by a vote of 5-2, the Supreme Court of Ohio dismissed Wells Fargo Bank, N.A. v. Burd, 2018-Ohio-3891 as improvidently accepted. Sitting for Justice O’Donnell on…
Consumer Finance Legal Report
Limitations to the New York Foreclosure Statute of Limitations
By Perkins Coie
Because New York residential foreclosures can take several years and several attempts to complete, it is essential for a statute of limitations analysis to be completed during all phases of…
NextGen Financial Services Report
Confusion Still Looms in Illinois Over Past-Due Association Assessments After Foreclosure
Three years ago, the Illinois Supreme Court shook up foreclosure professionals when it affirmed the appellate court in 1010 Lakeshore Ass’n v. Deutsche Bank Nat’l Trust Co., 2015 IL 119372,…