Topic
Foreclosures
864 published works
PropertyProf Blog
Whitman on Transferring Mortgage Notes
By Chris Odinet
For all you fellow mortgage finance lovers out there, Dale A Whitman (Missouri-Emeritus) has posted Transferring Nonnegotiable Mortgage Notes (Florida A&M Law Review) to SSRN. Per Dale, the article discusses not only what…
PropertyProf Blog
SCOTUS Hears Oral Arguments on Novel Fair Housing Act Claim by City of Miami
By Chris Odinet
I know everyone has been paying close attention to the presidential race, but there was something else important happening yesterday: SCOTUS heard oral arguments on whether municipalities can bring claims…
PrawfsBlawg
Whitman on Transferring Negotiable Notes
Main Thursday, November 03, 2016Whitman on Transferring Negotiable NotesProperty Scholar Dale Whitman has just published an article, entitled "Transferring Nonnegotiable Notes", explaining where the law is and where it needs…
Consumer Financial Services Review
Ninth Circuit Rejects CFPB Amicus Position as Unpersuasive
By Ori Lev, Anjali Garg
On October 19, a divided Ninth Circuit ruled that a trustee of a deed of trust who takes action to initiate non-judicial foreclosure is not a “debt collector” under the…
Financial Services Perspectives
The Eleventh Circuit has spoken: “Debtors who surrender property must get out of the creditor’s way”
In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure…
Consumer Financial Services Review
Florida Appeals Court Holds That Post-Foreclosure Judgment Liens Are Not Discharged At Sale
By Frank M. Dickerson, Thomas V. Panoff
Until recently, Florida courts had not determined what happens to liens placed on a property between the time of final judgment of foreclosure and sale. On August 24, 2016, Florida’s…
MoFo ReEnforcement: The Enforcement Blog
CFPB Issues Guiding Principles for Loss Mitigation after HAMP
On August 2, 2016, the CFPB published a new guidance document titled CFPB’s Principles for the Future of Loss Mitigation (the "Guidance"), which outlines a recommended framework for new, industry-driven…
PropertyProf Blog
Illegal Property Tax Foreclosures in Detroit
By Chris Odinet
Check out this really fascinating (and disturbing) article about research conducted by Bernadette Athene (Chicago-Kent, currently visiting at Chicago) on illegal property tax foreclosures in Detroit:This week was the 11th anniversary of…
The Legal Scoop on Southwest Florida Real Estate
New Florida Foreclosure Case May Lead to Less Participation and Greater Risk for Real Estate Investors
On August 24, 2016, the Fourth District Court of Appeal issued an opinion in Ober v. Town of Lauderdale-by-the-Sea, No. 4D14-4597, 2016 WL 4468134 (Fla. 4th DCA August 24, 2016)…
Financial Services Perspectives
Foreclosing Residential Lenders Ignore Environmental Issues at Their Own Risk
By David Roth, Bradley
Several years ago, we assisted a lender who foreclosed on rural residential property and then discovered that vandals had removed metal pipes from the basement of the house. That was…