By Richard D. Vetstein, ESQ
Score One For Lenders and Mortgage Servicers In Long-Awaited Eaton v. Fannie Mae Case
The Massachusetts real estate community has been waiting 8 long months for a decision from the Massachusetts Supreme Judicial Court...
By the Consumer Financial Services Group
A borrower cannot bring a lawsuit seeking rescission more than three years after loan consummation, the U.S. Court of Appeals for the 10th Circuit has ruled.
In its June 11, 2012, decision in Rosenfield...
WASHINGTON, D.C. - (Mealeys) In what
the U.S. Department of Justice is calling the second largest fair lending
settlement in the department's history, Wells Fargo Bank NA today agreed to pay
more than $175 million to settle claims in a District...
By John C. Lynch and D. Kyle Deak
On Plaintiff's appeal of dismissal of his Complaint seeking to challenge the authority of the lender to foreclose, the Court of Appeals affirmed the Superior Court's dismissal and found that Plaintiff's...
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...
is old news that in mortgage foreclosure cases recovery of reasonable fees to
the foreclosing lender can be available if the mortgage so provides. Until recently, such legal fees were not
usually available to borrowers.
York law enhanced...
Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobyte-detail/infobytes-july-27-2012
By Richard D. Vetstein, ESQ
Federal Appeals Court Reinstates Borrower's Wrongful Foreclosure Claim
Noted Massachusetts foreclosure defense attorney Glenn Russell is on a roll of a lifetime, yesterday [February 12] winning a rare victory on behalf...
By Martin W. Taylor and Meghan Canty Sherrill
The 2009 bankruptcy court decision commonly known as the TOUSA decision caused shock waves throughout the lending community as it called into question any transaction in which a non-borrower has paid money...
New York State has passed foreclosure statutes
which will impose considerable delay upon the mortgage foreclosure process and
create numerous new opportunities for borrowers and other defendants to contest
the foreclosure case. The law will also expose...
By David N. Anthony , John C. Lynch , Ethan G. Ostroff and Maryia Y. Jones
On April 20, 2012, in a surprising decision, the Supreme Court of Virginia revived borrowers' claims against defendant loan holder and servicer, concluding that the borrowers'...
By Reuel Ash
A highly significant ruling involving fraudulent transfers recently decided by the Eleventh Circuit could have a far-reaching impact on distressed lending and investing. In Senior Transeastern Lenders v. Official Committee of Unsecured...
By Alan S. Kaplinsky , Jonathan C. Lippert , Gary C. Tepper
and Daniel J. Tobin
In a per curiam opinion believed to be the
first decision on point issued by an appellate court, the U.S. Court of
Appeals for the Fourth Circuit held that a borrower...
Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobyte-detail/infobytes-March-30-2012
By the Consumer Financial Services and Mortgage Banking Groups
Under New Jersey's "Entire Controversy Doctrine," borrowers alleging unfair mortgage lending practices must raise such claims during the foreclosure proceeding itself. ...