Topic
Foreclosures
864 published works
Massachusetts Land Use Monitor
Score Another One for MERS
By Donald Pinto
In a late-March ruling in Adamson v. MERS (pdf), a Suffolk County Superior Court judge refused to enjoin MERS's transfer of a foreclosed property to the purchaser at the foreclosure sale. The defaulting borrower's…
Massachusetts Land Use Monitor
SJC Hears Argument in Bevilacqua and Nunez Appeals
Last week the Massachusetts Supreme Judicial Court (SJC) heard oral argument in the Bevilacqua and Nunez appeals (see our prior comment here). In a measure of its interest in Ibanez-related issues, the court…
Michigan Estate Planning, Elder Law, Probate & Asset Protection
Major Victory For Mortgage Borrowers In Michigan: MERS Foreclosures Are Illegal
The Michigan Court of Appeals issued a decision on April 21, 2011 that will have a major impact on past and present foreclosures in Michigan. The Court held that foreclosures…
Land Use Prof Blog
Massachusetts SJC Hears Arguments in Bevilacqua (and so can you)
The Massachusetts Supreme Judicial Court heard oral arguments Monday in a foreclosure title case called Bevilacqua v. Rodriguez. Earlier in the year, I blogged about the Court's Ibanez opinion invalidating…
Land Use Prof Blog
Boyack on Keeping HOAs Above Water in Foreclosure Storms
Andrea Boyack (GW) has posted Community Collateral Damage: A Question of Priorities. In it, she deals with the very timely issue of lien priority for statutory condominium and homeowner association…
PropertyProf Blog
Demiroglu, Dudley, & James on Strategic Default and the Foreclosure Process
By propertyprof
Cam Demiroglu, Evan Dudley, and Christopher James (Florida - Finance) have posted Strategic Default and the Foreclosure Process on SSRN. Here's the abstract:Strategic defaults occur when borrowers default on their…
PropertyProf Blog
Rose on The Due Process Rights of Tenants in Mortgage Foreclosure
By propertyprof
Henry Rose (Loyola Chicago) has posted The Due Process Rights of Residential Tenants in Mortgage Foreclosure Cases (New Mexico Law Review) on SSRN. Here's the abstract:The purpose of this article…
South Carolina Injury Law Journal
My House in Downtown Greenville, South Carolina is For Sale- You Want It?
By Trey Mills
I am fortunate to be getting married soon and in doing so we are moving to another home in downtown Greenville which we are renovating. Having enjoyed this one for…
PropertyProf Blog
Levitin Rips Mortgage Servicers’ Study
By propertyprof
Over at Credit Slips, Adam Levitin has yet another spot-on analysis related to the mortgage and foreclosure crisis. This time he rips apart a study, bought and paid for by mortgage…
New Jersey Law Blog
New Jersey’s Six Biggest Banks Agree with Judiciary on Plan to Protect Against Improper Foreclosures While Restarting Them
In 2010, during the peak of America's high mortgage default rate, New Jersey's Judiciary commenced a proceeding aimed at a variety of improper foreclosure practices. In the Matter of Residential…