Topic
Foreclosures
868 published works
PropertyProf Blog
White & Reid on Bankruptcies and Loan Modifications in the Foreclosure Crisis
Alan White (CUNY) & Carolina Reid (Berkeley - City Planning) have posted Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis (Florida Law Review) on SSRN. Here's the abstract:Do…
PropertyProf Blog
Top SSRN Downloads
In honor the beginning of the month here are the most downloaded property articles from SSRN over the last 60 days: 1. [286 downloads] An Economic Theory of Fiduciary Law …
Property Insurance Coverage Law Blog
Effect of Foreclosure Judgment on a Party’s Insurable Interest in Florida
By Shane Smith
The concept of insurable interest is important in assessing the strength of a party’s property insurance claim and whether one is entitled to proceeds from insurance. In Florida, an insurable…
SDNY Blog
Judge Seibel Dismisses Foreclosed Homeowners’ RICO Case
In an opinion today, Judge Seibel dismissed a case alleging that various banks and others in the mortgage industry had violated RICO by improperly foreclosing on the plaintiffs' homes. Judge…
From the Ground Up
Before Foreclosing, Make Sure That You Know Exactly What Your Deed of Trust Secures
By Miller Nash Graham & Dunn LLP
Lenders frequently use a combination of deeds of trust and guaranties to secure commercial loans. Once a default occurs, and the borrower fails to cure, lenders often directly pursue a…
The Appellate Strategist
Argument Report: Does Waiver of Personal Jurisdiction Apply to Orders Entered Before Service?
By Kirk Jenkins
In the recently concluded January term of the Illinois Supreme Court, the court heard arguments in five civil cases. Our reports begin with BAC Home Loans Servicing, LP v. Mitchell. In…
PropertyProf Blog
Singer on the Subprime Mortgage Conundrums and How to Fix Them
Joseph Singer (Harvard) has posted Foreclosure and the Failures of Formality, or Subprime Mortgage Conundrums and How to Fix Them (UConn). Here's the abstract:The subprime mortgage crisis was not only…
New York City Real Estate Litigator
Lender’s delays found to constitute bad faith
By Howard Koh
U.S. Bank v Shinaba, Bronx County Supreme Court, Index No. 381917-2009 This case provides another example of New York courts coming down on residential lenders that fail to participate in…
New York City Real Estate Litigator
Mortgage foreclosure filings increase
By Howard Koh
An Office of Court Administration report shows substantial growth in mortgage foreclosure filings in New York. The report shows that in 2013, through October, nearly 34,000 new mortgage foreclosure…
Texas Bankruptcy Blog
I Received a Motion for Relief from Stay. Now What?
By Bryan Fears
When you file a bankruptcy case there is an automatic stay that goes into effect. This stay protects a debtor from their creditors trying to collect. Most importantly it protects…