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Foreclosures

860 published works

  1. Texas Business Court Watch

    Texas Business Court Addresses Notice Requirements for Foreclosure Sales

    By Alan W. Hersh, Colton C. Marino

    Texas Business Court held foreclosure notices sent by email and UPS satisfied contractual and statutory notice requirements despite certified-mail language.

  2. Banking, Finance and Securities

    Defending Against Aggressive Lender Enforcement Actions

    By Jimerson Birr

    Aggressive lender enforcement rarely starts with a lawsuit. It starts with a bank applying your operating balance to the loan, a notice telling your customers to send payments elsewhere, or…

  3. Indiana Commercial Foreclosure Law

    Two Indiana Bankruptcy-Related Cases: Impact on Real Estate Liens

    By John D. Waller

    Lesson 1. The home of two spouses generally is exempt from the bankruptcy estate (and thus is immune from foreclosure) if only one spouse owes the underlying debt. Lesson 2.…

  4. Commercial Case Notes

    Referee Did Not Err in Declining to Hold Evidentiary Hearing

    By John Lundin

    On August 5, 2026, the Second Department issued a decision in R4 RE, LLC v. Franklin Wash., Inc., 2026 NY Slip Op. 04882, holding that a referee did not err…

  5. Ira J. Metrick's Law Blog

    What Is Dual Tracking?

    By Metrick ESQ.

    What Is Dual Tracking? Dual tracking occurs when a residential mortgage loan servicer is reviewing the first complete application from a homeowner for a modification or other loss mitigation option,…

  6. The Bankruptcy Soap Box

    New CA Foreclosure Law Can Save Your Equity

    By Cathy Moran

    California homeowners have new, powerful rights to stop a foreclosure sale and sell their homes themselves. The new law became effective January 1, 2025. When you’re faced with a foreclosure…

  7. Law of the Land

    Seventh Circuit Court of Appeals Rejects “Takings” Challenge to a City Ordinance that Protects Tenants in Residential Buildings When Ownership is Transferred Through a Foreclosure Action. 

    By Patricia Salkin

    This post was authored by Julie Tappendorf, Esq. and originally appeared on the Municipal Minute Blog.  It is reposted with permission. In 2021, the City of Chicago adopted the “Keep…

  8. Last Month at the Supreme Court

    Decision Alert: Supreme Court Unanimously Holds Just Compensation in Tax Sale Foreclosures is Properly Measured by Auction Sale Price and Not Fair Market Value

    By Chantel Febus, James Azadian, Theodore W. Seitz, David Ter-Petrosyan

    On June 23, 2026, the Supreme Court held in Pung v. Isabella County (No. 25-95) that when the government sells a property in a tax auction to collect unpaid taxes,…

  9. Consumer Financial Services Law Monitor

    Foreclosure Normalization Is Here: What Mortgage Servicers Need to Know About Rising Litigation and Compliance Risk

    By Joseph DeFazio

    After years of pandemic-era forbearance programs, emergency moratoriums, and historically low foreclosure volumes, the mortgage market is undergoing a meaningful correction. Foreclosure activity is rising steadily across the country, and…

  10. Ziff Blog

    For Everyone Who Loves CR 60(b) Motions and Counting to Five in Washington: A Note on Luv v. West Coast Servicing

    By David Ziff

    Okay, that title should scare away most readers. Back in October 2025 the Washington Supreme Court decided Luv v. West Coast Servicing, 5 Wn.3d 399, 577 P.3d 398 (2025). The…