Mills on Foreclosure Tax Issues for Homeowners

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...

Mills on Foreclosure Tax Issues for Homeowners

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...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – May 9th Update

Real 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...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – May 23rd Update

Real 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...

Fair Foreclosure Act Does Not Apply When Borrowers No Longer Reside at Secured Premises At the Time of Default

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...

Another Reason to be Careful Before Walking

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 instances...

Troutman Sanders LLP: New Requirements for Mortgage Creditors Among Changes to Federal Rules of Bankruptcy Procedure

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 procedure...

State Net Capitol Journal: Feds Bolster State Efforts to Help Underwater Homeowners

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...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – October 16th, 2012 Update

Real 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...

SJC Rules Housing Court Can Hear Title Challenges In Post-Foreclosure Evictions

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...

Lenders’ Rights Under Threat in Nevada: the Nevada Supreme Court Rules That Homeowners Association Liens Can Extinguish First Deeds of Trust

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...