Real Estate Law

Recent Posts

Duane Morris: Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim
Posted on 14 Mar 2013 by Duane Morris LLP

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... Read More

When Can Foreclosing Lenders Be Accused Of Acting In Bad Faith?
Posted on 26 Mar 2013 by Peter J. Gallagher

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... Read More

More Courts Reject Eleventh-Hour Attempts To Avoid Foreclosure Based On An Alleged Lack Of Standing
Posted on 30 Apr 2013 by Peter J. Gallagher

Two more Appellate Division panels have refused to allow defendant's in foreclosure lawsuits to raise standing as an eleventh-hour defense. As we previously reported -- Changing Tide in Forclosure Litigation? Courts Taking Closer Look When Defendants... Read More