Topic
Foreclosures
868 published works
Texas Bankruptcy Blog
Stop Foreclosure with Bankruptcy
By Bryan Fears
Filing a personal bankruptcy case will stop a judicial or nonjudicial foreclosure whether or not the foreclosure was begun before the bankruptcy. See 11 USC § 362 (a). The only…
PropertyProf Blog
Weber on Zombie Mortgages
David Weber (Creighton) has posted Zombie Mortgages, Real Estate, and the Fallout for the Survivors on SSRN. Here's the abstract:Part I of this Article briefly explains the context and scope…
Ohio Appellate Insights
Most Read Posts of 2013
Last week I posted my top ten cases of 2013. Here’s a different list (we all do love lists, don’t we?)—the top ten most often viewed posts in 2013, in…
New York City Real Estate Litigator
Foreclosing lender responsible for repairs required by HPD
By Howard Koh
NYCHPD v. Deutche Bank National Trust Co., Richmond County Civil Court HP Index # 115/2013 Judge Philip Straniere has ruled that a lender that obtained a judgment of foreclosure and…
Don't Mess With Taxes
Mortgage forgiveness tax relief ends on Dec. 31 Saturday, December
Mortgage forgiveness tax relief ends on Dec. 31 Saturday, December 28, 2013 Did you pay your real estate taxes this month so you can deduct the payment on your 2013…
Federal Eminent Domain Blog
Seattle Enters The Under-Water Mortgage Business
It looks like the Seattle City Council is following the Richmond, California, and other jurisdictions in its consideration of acquiring under-water mortgages, then seeking refinancing. Curbed Wednesday, The Seattle City…
New York City Real Estate Litigator
Unopposed motion for summary judgment in foreclosure denied for failing to substitute a party defendant
By Howard Koh
Rockross Fund v. Cumberbatch, Kings County Supreme Court, Index No. 1189/08 This case shows that foreclosing lenders must take care that they do not acquire a deed to the property…
PropertyProf Blog
Fox on Abandoned Foreclosures and the Coming “Foreclosure Echo”
Judith Fox (Notre Dame) has published Foreclosure Echo: How Abandoned Foreclosures are Re-Entering the Market Through Debt Buyers on SSRN. Here's the abstract:It is common knowledge that mortgage defaults increased…
The Appellate Strategist
Illinois Supreme Court Limits Foreclosure Challenges Once Motion to Confirm Filed
By Kirk Jenkins
This morning, the Illinois Supreme Court filed its opinion in Wells Fargo Bank, N.A. v. McCluskey, holding that once a motion to confirm a judicial sale in a foreclosure action…
Texas Bankruptcy Blog
Emergency Bankruptcy Petition
By Bryan Fears
An emergency bankruptcy petition is a three page petition with a “mailing matrix”—a list of creditor names and addresses. The naked petition and creditor list are filed with the bankruptcy…