Real Estate Law

Recent Posts

Vetstein Law Group: Averting The Apocalypse: Foreclosing Lenders Avoid Disaster and Given More Options To Foreclose In Eaton v. Fannie Mae Case
Posted on 11 Jul 2012 by Vetstein Law Group, P.C.

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... Read More

Ballard Spahr LLP: Borrower Cannot Sue after Three Years To Rescind Mortgage Loan, 10th Circuit Rules
Posted on 9 Jul 2012 by Ballard Spahr LLP

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... Read More

Wells Fargo Bank To Pay $175M To Settle Mortgage Discrimination Claims
Posted on 13 Jul 2012 by LexisNexis® Mealey's™ Legal News

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... Read More

Troutman Sanders LLP: North Carolina Court of Appeals Forestalls Borrower’s Attempt to Collaterally Attack Foreclosure Proceeding
Posted on 27 Feb 2013 by Troutman Sanders

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... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 29th, 2012 Update
Posted on 29 May 2012 by Andrea Lee Negroni

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... Read More

Bruce Bergman on Foreclosure: Legal Fees to Mortgage Borrowers? - Analysis, Webinar and Video
Posted on 2 Nov 2011 by Bruce J. Bergman

It 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. New York law enhanced... Read More

BuckleySandler LLP: Oregon Supreme Court Agrees to Address Electronic Mortgage Registry's Role as Beneficiary; Two California Appellate Courts Affirm Electronic Registry's Beneficiary Role
Posted on 6 Aug 2012 by Andrea Lee Negroni

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 On July... Read More

Vetstein Law Group: Backdated Mortgage Assignment Comes Back To Haunt Foreclosure Lender in Juarez v. Select Portfolio
Posted on 19 Feb 2013 by Vetstein Law Group, P.C.

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... Read More

Troutman Sanders LLP: 11th Circuit Upholds Bankruptcy Court’s Finding that Payment to Lender by Borrower Subsidiary Was a Fraudulent Transfer
Posted on 13 Jun 2012 by Troutman Sanders

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... Read More

New Foreclosure Statute in New York -- Lawmakers Hammer Mortgage Lenders
Posted on 22 Mar 2010 by Bruce J. Bergman

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... Read More

Troutman Sanders LLP: VA Supreme Court Rules Face-to-Face Interview Required Before Foreclosure
Posted on 4 Jun 2012 by Troutman Sanders

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'... Read More

Ulmer & Berne LLP: Fraudulent Transfer Litigation - The Eleventh Circuit Court of Appeals Deals a Blow to Lenders
Posted on 18 Jun 2012 by Ulmer & Berne LLP

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... Read More

Ballard Spahr LLP: Ballard Spahr Notches Significant Success in Notice Defense against Mortgage/Deed of Trust Claims
Posted on 7 Sep 2011 by Ballard Spahr LLP

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... Read More

BuckleySandler LLP: CFPB Files Amicus in TILA Rescission Case
Posted on 6 Apr 2012 by Andrea Lee Negroni

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 On March... Read More

Ballard Spahr LLP: Borrowers Must Bring Claims for Unfair Mortgage Lending Practices during Foreclosure Proceeding, N.J. Court Rules
Posted on 26 Sep 2012 by Ballard Spahr LLP

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. ... Read More