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Foreclosures

860 published works

  1. HLC - All Publications

    Should’ve been a school house rock song (IYKYK): Procrastination nation

    By Cadwalader Wickersham & Taft

    In a decision issued just hours before a scheduled foreclosure auction, the U.S. District Court for the Eastern District of New York denied a defendant's last-minute bid to halt the…

  2. New Jersey Foreclosure Defense Blog

    New Jersey Foreclosure After a Borrower Dies: Heirs, Estates and Reverse Mortgages

    By John Fazzio

    Key takeaway: A mortgage lien usually does not disappear when the borrower dies. The estate or new owner must decide whether to keep paying, seek loss mitigation, refinance, sell, surrender,…

  3. New Jersey Foreclosure Defense Blog

    Zombie Second Mortgages and HELOC Foreclosures in New Jersey

    By John Fazzio

    Key takeaway: A second mortgage or home-equity line of credit can remain secured by a New Jersey home even after years without statements or collection activity. A lender’s accounting “charge-off”…

  4. New Jersey Foreclosure Defense Blog

    New Jersey Foreclosure Mediation: Eligibility, the 60-Day Request Period, and What to Expect

    By John Fazzio

    Short answer: New Jersey’s Foreclosure Mediation Program gives certain homeowners in residential foreclosure a structured opportunity to discuss possible resolutions with their mortgage servicer. Eligible borrowers generally should request mediation…

  5. New Jersey Foreclosure Defense Blog

    New Jersey Foreclosure Surplus Funds: Who May Claim Them and How the Court Process Works

    By John Fazzio

    Short answer: A foreclosure sale can create surplus funds when the sale proceeds exceed the amount needed to satisfy the foreclosing judgment and sale-related charges. The money is generally deposited…

  6. Commercial Case Notes

    Foreclosure Plaintiff Fails to Establish Standing Because of Questions Regarding Allonge

    By John Lundin

    On September 16, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Dweck, 2026 NY Slip Op. 05342, holding that a foreclosure plaintiff had failed to…

  7. Commercial Case Notes

    Plaintiff in Foreclosure Action Fails to Establish its Standing

    By John Lundin

    On September 16, 2026, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Hilario, 2026 NY Slip Op. 05351, holding that the plaintiff in a foreclosure…

  8. On Brief: Iowa's Appellate Blog

    Summary of Iowa Supreme Court Cases Argued and Submitted Sept. 9 and 10

    By Samuel Province

    The Iowa Supreme Court heard arguments in seven cases on September 9th and 10th. Five other cases were submitted to the Court without oral argument. The following are summaries of…

  9. Indiana Commercial Foreclosure Law

    Impact Of SCOTUS Tax Sale Opinion On Indiana Commercial Foreclosure Law: Sheriff’s Sale Bidding

    By John D. Waller

    There was plenty of media coverage earlier this Summer leading up to, and in the wake of, the U.S. Supreme Court’s decision in Pung. You don’t need me to summarize…

  10. Banking & Financial Services Industry Legal Blog

    Workout vs Litigation: How Businesses Respond to Debt Pressure

    By Jimerson Birr

    When a lender starts sending default letters, the workout vs litigation decision usually gets made in the first few weeks, often before the borrower realizes a decision is being made…