In this Analysis, Patricia
Hughes Mills discusses the tax consequences when homeowners either lose their
homes due to foreclosure or are able to avoid foreclosure by loan modification.
Professor Mills includes a checklist of related questions for attorneys to ask
distressed homeowner clients. She...
Cases in Real Estate
is a weekly update on real estate law, with legal principles illustrated and
explained by lawsuits from around the country. The topics are wide-ranging for
appeal to a broad spectrum of readers including lawyers, homeowners, investors
and the general public. Andrea Lee...
New Jersey's legislature enacted the Fair Foreclosure Act in order to afford homeowners "every opportunity to pay their home mortgages, and thus keep their homes." Amongst its safeguards, the Fair Foreclosure Act gives residential mortgagors statutory rights to cure defaults and requires...
We have discussed issues that may arise
in the context of a residential construction project. Because most
homeowners are not sophisticated in the ways of construction (and really
shouldn't be) expectations are key
and keeping your nose clean as a contractor is key. Courts in some
By David N. Anthony
and Bill B. Ruhling, II
In the aftermath of the economic
downturn, the federal government has adopted a number of new programs
designed to protect homeowners. Those protections have now been
incorporated into the bankruptcy process through new rules of bankruptcy
Barely a month into President Barack Obama's presidency, his administration announced a major effort to help millions of underwater homeowners who owed more on their mortgages than their homes were worth refinance into lower interest rate mortgages. But the Home Affordable Refinance Program, or HARP...
Courts Will Likely Face Increased Caseload
Giving an early Christmas present to distressed homeowners, the Supreme Judicial Court ruled last month that a foreclosed upon homeowner may challenge a bank’s title and foreclosure sale irregularities through counterclaims in a post-foreclosure...
In a September 2014 ruling, the Nevada Supreme Court held that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to recover assessments categorized as super priority...