Topic
Foreclosures
868 published works
The Appellate Strategist
The Limitations of Rule 304: Is An Order of Foreclosure Appealable?
By Kirk Jenkins
Our preview of the September term of the Illinois Supreme Court continues with EMC Mortgage Corp. v. Kemp [pdf]. Kemp involves a tangled procedural history, but ultimately, a reasonably simple…
The Real Estate & Environmental Law Blog
Assingnee of Deed of Trust Need Not Record Assignment Prior to Foreclosure
Ordinarily, one who is assigned the beneficial interest in a debt secured by real property must record evidence of the assignment prior to exercising any power of sale by foreclosure…
Ohio Appellate Insights
Merit Decision: “Due Process Means More than the Easiest and Cheapest Way.” PHH Mtge. Corp. v. Prater.
On September 6, 2012, the Supreme Court of Ohio handed down a merit decision in PHH Mtge. Corp. v. Prater, 2012-Ohio-3931. In a unanimous opinion authored by Justice Stratton, the…
PropertyProf Blog
Updating the Foreclosure Mess
By propertyprof
The NY Times looks at how deficiencies within MERS (Mortgage Electronic Registration Systems) continue to cause problems for courts and borrowers:Amid the foreclosure crisis . . .critics have contended that…
The Appellate Strategist
Property
UPDATED THROUGH SEPTEMBER 4, 2012 Mortgage Foreclosure. Question Certified: Does the test set forth in Arlt v. Buchanan, 190 So. 2d 575 (Fla. 1966), for vacating a foreclosure sale apply when adequacy…
Texas Bankruptcy Blog
Debt Collection Lawsuits Often Flawed
By Bryan Fears
The recent foreclosure crisis revealed serious abuses by mortgage companies and collection firms. In many cases lenders would produce inaccurate documents without review, a practice called “robo-signing.” In other cases…
Land Use Prof Blog
Can Eminent Domain Solve the Mortgage Crisis?
There has been some discussion over the past couple of months over an innovative proposal to have governments use the eminent domain power to take ownership of underwater mortgages, to…
PropertyProf Blog
Nussbaum on ADR’s Place in Foreclosure
By propertyprof
Lydia Nussbaum (Baltimore) has posted ADR’s Place in Foreclosure: Remedying the Flaws of a Securitized Housing Market on SSRN. Here's the abstract:Millions of Americans lost their homes during the foreclosure…
PropertyProf Blog
Recent SSRN Downloads
By propertyprof
In honor of the beginning of the month, here are the most downloaded property articles on SSRN over the last 60 days: 1. [283 downloads] Coastal Land Loss and the Mitigation-Adaptation…
Financial Institutions Law Blog
Court of Appeal Reaffirms MERS’ Ability to Foreclose, Holds That Recorded Documents Do Not Overcome a Specifically Pled Violation of Section 2923.5
In Skov v. U.S. Bank N.A., 2102 WL 2549811 (June 8, 2012), the Court of Appeal reversed the trial court’s decision to sustain a demurrer against plaintiff Andrea Skov’s second…