Topic
Foreclosures
862 published works
Possessio
Kansas Foreclosure Purchasers Beware
By John Hickey
In The First National Bank and Trust in Larned v. Wetzel, 219 P. 3d 819 (Kan. Ct. App. 2009), the Kansas Court of Appeals held that a foreclosure purchaser is…
Financial Institutions Law Blog
Banks Lose Important Foreclosure Case In Massachusetts High Court
Massachusetts' highest court issued an opinion in a foreclosure case last week that will likely make foreclosures more difficult in Massachusetts, and could also influence other courts in the clash…
Massachusetts Land Use Monitor
SJC’s Ibanez Ruling: Apocalypse Now or No Big Deal?
By Donald Pinto
On January 7, 2010, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in U.S. Bank National Association v. Ibanez (pdf). The SJC affirmed a trial court ruling that, to validly foreclose…
PropertyProf Blog
Foreclosures and the Failure of the American Land Title Recording System
By propertyprof
I have just posted an essay to SSRN entitled "Foreclosures and the Failure of the American Land Title Recording System." In it, I argue for the federalization of the land…
PropertyProf Blog
Massachusetts Supreme Judicial Court Restitutes Foreclosed Homes to Borrowers
By propertyprof
Yesterday the Massachusetts Supreme Judicial Court voided two foreclosures carried out by U.S. Bancorp and Wells Fargo in 2007. Both banks were acting as trustees for securitized pools of mortgage loans that…
Massachusetts Land Use Monitor
Breaking News: SJC Affirms Land Court’s Ibanez Decision Invalidating Mortgage Foreclosures
By Donald Pinto
The Massachusetts Supreme Judicial Court has issued a decision this morning affirming the Land Court's rulings in U.S. Bank National Assn. v. Ibanez and a consolidated case. The decision is…
Land Use Law Blog
Mortgagors May Not Privately Enforce The Requirement Imposed On Lenders To Have A Comprehensive Loan Modification Program
By Glen C. Hansen In Vuki v. Superior Court (October 29, 2010) 189 Cal.App.4th 791, Lucy and Manatu Vuki filed an action against their mortgagee, HSBC Bank USA, initially seeking…
Wisconsin Business Law Blog
Update on Dealing with Guarantors in Foreclosures
Wisconsin foreclosure law generally allows a lender the option to shorten the debtor’s redemption period in return for agreeing not to go after the “debtor” for any “deficiency” after…
Land Use Prof Blog
Banks struggling with glut of foreclosures
Most banks were not prepared to foreclose and own hundreds-of-thousands of properties. The housing bust required a range of mass-scale foreclosure and re-sale processes unfamiliar to these lenders and mistakes…
PropertyProf Blog
Foreclosures and Unlawful Bank Break-Ins
By propertyprof
I apologize for continuing to beat the same drum I've been pounding on for a few months here, but today there is yet more news that management of the foreclosure crisis has…