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Foreclosures

868 published works

  1. PropertyProf Blog

    White & Reid on Bankruptcies and Loan Modifications in the Foreclosure Crisis

    By Steve Clowney

    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…

  2. PropertyProf Blog

    Top SSRN Downloads

    By Steve Clowney

    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      …

  3. 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…

  4. SDNY Blog

    Judge Seibel Dismisses Foreclosed Homeowners’ RICO Case

    By Charles Michael

    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…

  5. 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…

  6. 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…

  7. PropertyProf Blog

    Singer on the Subprime Mortgage Conundrums and How to Fix Them

    By Steve Clowney

    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…

  8. 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…

  9. 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…

  10. 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…