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Topic

Foreclosures

864 published works

  1. PropertyProf Blog

    Campbell on Nonjudicial Foreclosure

    By Steve Clowney

    John Campbell (Denver) has posted Getting Wrongful Foreclosure Right: Two Stage, Progressive Filtering in Nonjudicial Foreclosure States on SSRN.  Here's the abstract:In some states, foreclosures occur with no judicial involvement.…

  2. Ohio Appellate Insights

    Guest Post: Standing and Subject Matter Jurisdiction in Ohio Foreclosure Actions: A Third Way?

    By Marianna Bettman

    Professor Bettman's Introduction to Guest Post The Supreme Court of Ohio has now addressed the interplay between standing and subject matter jurisdiction in the context of foreclosure cases in both…

  3. Texas Bankruptcy Blog

    A Second Bankruptcy, the Automatic Star, and a Foreclosure

    By Bryan Fears

    In 2005, Congress, with help (and influence) from creditor lobbyists, chose to add restrictions to the automatic stay and make it harder for a serial filer to get debt relief.…

  4. Southeast Financial Litigation Monitor

    Florida Court Holds That Parties Must Take Affirmative Steps to “Decelerate” a Loan After a Dismissal Without Prejudice or Face Statute of Limitations Consequences; Acknowledges Conflict with Sister Courts

    By Robert O'Linn

    On December 17, 2014, Florida’s Third District Court of Appeal issued an opinion holding that a mortgage loan is not automatically “decelerated” when a foreclosure suit is dismissed without prejudice. …

  5. Legal Profession Blog

    No Guilty Knowledge

    By Michael Frisch

    An interesting decision from a single justice of the Maine Supreme Court dismissed disciplinary charges against an attorney arising from his work as his law firm's senior associate representing GMAC…

  6. Ohio Appellate Insights

    What’s on Their Minds: Pleading Requirements in Foreclosure Cases. To Attach or to Allege, that is the Question. Wells Fargo Bank, N.A. v. Brian T. Horn, et al.

    By Marianna Bettman

    Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here. On January 14, 2015, the Supreme Court of…

  7. Bank Law Monitor

    Washington Supreme Court Confirms Guarantor Liability Following Foreclosure

    By Mark Northrup

    The Washington Supreme Court has confirmed a personal guarantor’s liability to a lender following the lender’s nonjudicial foreclosure of its borrower’s real property collateral.  In Washington Federal v. Harvey/Washington Federal…

  8. SDNY Blog

    Judge Nathan Remands Stuy Town Lender Dispute Because Federal Questions Related Only to Computation of Damages

    By Charles Michael

    In an opinion yesterday, Judge Nathan remanded to state court a dispute among lenders to the Stuy Town residential development because it did not arise under federal law.  The plaintiffs…

  9. Financial Institutions Law Blog

    No Change Of Position, No Estoppel

    By Lisa Yun Pruitt, Alejandro Moreno

    Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position.  In Jones v. Wachovia Bank, 230 Cal.App.4th…

  10. Massachusetts Land Use Monitor

    Further Foreclosure Fallout

    By Gordon Orloff

    In its decision earlier this year in U.S. Bank Natl. Assn. v. Schumacher (pdf), the Supreme Judicial Court addressed the impact of a failure to comply with requirements for providing notice of the…