Duane Morris: Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim

In a recent case, the Supreme Court of Nevada agreed that a lender needed to wait until the completion of a foreclosure sale before making a deficiency claim against a guarantor. In Ken L. Templeton Family Trust, et al. v. Eighth Judicial District Court of the State of Nevada, et al. , 2013 Nev. Unpub...

When Can Foreclosing Lenders Be Accused Of Acting In Bad Faith?

In a recent decision, the Chancery Division denied a lender's motion to strike a borrower's contesting answer in a foreclosure lawsuit, holding that the borrower had adequately pled a claim that the lender acted in bad faith. While this decision is unique based on the facts of the underlying...

Vetstein Law Group: GMAC Mortgage and First American Battle At SJC Over Title Insurance Coverage

By Richard D. Vetstein, ESQ Rejects "In For One, In for All" Theory in Title Insurance Coverage One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender - such as the lender having no legal ability to enforce the mortgage...