Topic
mortgage satisfaction
9 published works
A Lawyer's Blog
THE EFFECT OF A FAILURE TO RECORD A SATISFACTION OF MORTGAGE AND SEEKING CLASS ACTION RELIEF
New York State Real Property Actions and Proceedings Law (“RPAPL”) § 1921 and New York Real Property Law (“RPL”) § 275. RPAPL § 1921 and RPL § 275 both require…
A Lawyer's Blog
ERRONEOUS DISCHARGE OF MORTGAGE
Recently, I conferred with a client, who was in foreclosure, and they had discovered a satisfaction of mortgage was filed - yet admitted that they did not pay off the…
Southeast Financial Litigation Monitor
Eleventh Circuit: Mortgages not covered by bankruptcy discharge
In In re Dukes, No. 16-16513 (11th Cir. Dec. 6, 2018), the Eleventh Circuit held that a debtor’s mortgage obligation was not discharged, despite a proof of claim not being…
Southeast Financial Litigation Monitor
Citing Spokeo, Eleventh Circuit Rejects Class Action Over Late Mortgage Satisfaction Recordation, Holding Plaintiff Had Not Alleged Concrete Injury-In-Fact Due to Statutory Violation
By Michael Taunton, Adam Israel
The Eleventh Circuit recently held in Nicklaw v. CitiMortgage, Inc.(No. 15-14216) that a plaintiff lacks standing to sue a creditor where the plaintiff merely alleges that the creditor failed to…
Financial Services Perspectives
New Law Affects the Timeframe to Cancel Mortgages in Florida
By Bradley
Effective July 1, 2016, lenders will have less time to cancel a mortgage in Florida once it is paid in full. Furthermore, open-end mortgages must now be cancelled within a…
Keeping It Real Estate
A common approach for discharging mortgages?
By Laura Oliver
Earlier this week, the City of London Law Society issued a new Protocol for discharging mortgages of commercial property but will this mean a common approach for all commercial property…
Georgia Bankruptcy Law Network
Will Bankruptcy Wipe Out My Home Loans?
By Scott Riddle
If you own a house, chances are real good that your home loan is your largest debt - maybe even larger than all your other debts combined. It makes sense…
EvidenceProf Blog
(Not To) Burst Your Bubble: 3rd Circuit Finds District Court Erred In Applying Rule 301 In Mortgage Cancelling Appeal
By Colin Miller
Federal Rule of Evidence 301 provides thatIn all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against…
New Jersey Law Blog
Eliminating an Old Mortgage
When selling a home a buyer's title search may uncover an old mortgage of the homeowner - or a prior owner, that was not discharged of record. Frequently the mortgage…