Topic
Foreclosures
864 published works
PropertyProf Blog
Campbell on Nonjudicial Foreclosure
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.…
Ohio Appellate Insights
Guest Post: Standing and Subject Matter Jurisdiction in Ohio Foreclosure Actions: A Third Way?
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…
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.…
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
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. …
Legal Profession Blog
No Guilty Knowledge
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…
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.
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…
Bank Law Monitor
Washington Supreme Court Confirms Guarantor Liability Following Foreclosure
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…
SDNY Blog
Judge Nathan Remands Stuy Town Lender Dispute Because Federal Questions Related Only to Computation of Damages
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…
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…
Massachusetts Land Use Monitor
Further Foreclosure Fallout
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…