Topic
Foreclosures
860 published works
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…
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,…
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”…
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…
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…
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…
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…
On Brief: Iowa's Appellate Blog
Summary of Iowa Supreme Court Cases Argued and Submitted Sept. 9 and 10
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…
Indiana Commercial Foreclosure Law
Impact Of SCOTUS Tax Sale Opinion On Indiana Commercial Foreclosure Law: Sheriff’s Sale Bidding
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…
Banking & Financial Services Industry Legal Blog
Workout vs Litigation: How Businesses Respond to Debt Pressure
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…