Topic
Foreclosures
868 published works
PropertyProf Blog
Levitin on the Uncertainty of Mortgage Title
Adam Levitin (Georgetown) has posted The Paper Chase: Securitization, Foreclosure, and the Uncertainty of Mortgage Title on SSRN. Here's the abstract:The mortgage foreclosure crisis raises legal questions as important as…
New York City Real Estate Litigator
Foreclosing lender and its counsel ordered to a sanctions hearing
By Howard Koh
JP Morgan Chase Bank v. Butler, Kings County Supreme Court, Index No. 1686/2010. Justice Arthur Schack has once again dropped the hammer on a lender and its counsel. The case…
The Real Estate & Environmental Law Blog
ABANDONMENT DOES NOT PROVIDE PATH FOR SECURED LENDER’S FORECLOSURE
The Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") just published an opinion clarifying the effect of the automatic stay on property abandoned by a bankruptcy trustee back to the…
Texas Bankruptcy Blog
Bankruptcy Can Help Avoid Foreclosure
By Bryan Fears
Bankruptcy attorneys often advertise that filing bankruptcy can stop foreclosure. However, because of the self-serving interest bankruptcy attorneys have in the matter, it is understandable that consumers have difficulty trusting…
From the Ground Up
All-Cash Institutional Buyers Taking More Distressed Homes in the SFR Market
By Miller Nash Graham & Dunn LLP
The national foreclosure and data tracking website RealtyTrac reports that a significant portion of distressed homes are now being purchased by all-cash institutional investors. According to a new report, in markets where…
New York City Real Estate Litigator
Unopposed Summary Judgment Motion denied where plaintiff did not submit complete copies of loan documents
By Howard Koh
Bank of New York v. Deane, Kings County Supreme Court Index No. 16583/09. This case illustrates the disaster that can occur if counsel does not submit mountains of paperwork to…
South Florida Trial Practice
South Florida Real Estate Investor’s Legal Guide: Part One
I. Introduction As the country continues to recover from the economic hardships caused by the Economic Crisis of 2008, a surge in real estate investment has taken place. Real estate…
PropertyProf Blog
You May Want to Reconsider That Strategic Default?
By propertyprof
The Chicago Tribune runs a story indicating that Freddie Mac and Fannie Mae will start pursing foreclosure deficiency judgements more aggressively: Fannie and Freddie can pursue judgments against borrowers who…
Texas Bankruptcy Blog
The Foreclosure Law of Texas
By Bryan Fears
Texas is a non-judicial foreclosure state. This means that the foreclosure process can be quite quick. A non-judicial foreclosure as the name would suggest, is not a court proceeding; but…
Texas Bankruptcy Blog
Newest Foreclosure Scandal Adds Injury to Insult
By Bryan Fears
The New York Times has reported on the latest lender misdeeds during foreclosure, and to no one’s surprise it involves Bank of America. This new controversy involves third party management…