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

Fixing a Broken System: Reconciling State Foreclosure Law with Economic Realities
Posted on 3 May 2011 by LexisNexis Real Estate Law Community Staff

By Yianni D. Lagos* *Candidate for JD/MBA, June 2011, The Ohio State University. Excerpt from Fixing a Broken System: Reconciling State Foreclosure Law with Economic Realities , 7-1 Tenn. J. L. & Pol'y 84 (Spring 2011) INTRODUCTION... Read More

Vetstein Law Group: Massachusetts Appeals Court Drops The Eviction Hammer On Post-Foreclosure Squatters
Posted on 16 Apr 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Common Eviction Defenses Ruled Unavailable To Squatters Who Lived Rent/Mortgage Free For 3 Years In a April 10, 2012 ruling, the Massachusetts Appeals Court just made it easier for foreclosing banks to evict squatters... Read More

The Doctrine of Equitable Assignment is Alive and Well in Wisconsin
Posted on 12 Aug 2014 by Foley & Lardner LLP

That was the holding of the Wisconsin Supreme Court in the opinion in Dow Family, LLC v. PHH Mortgage Corporation , 2014 WI 56, [ enhanced version available to lexis.com subscribers ]. The facts of the case are similar to thousands of foreclosure cases... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – August 19, 2014 Update
Posted on 20 Aug 2014 by Andrea Lee Negroni

A Missouri condominium association’s lien for an unpaid assessment was superior to a deed of trust securing the owner’s refinance loan . In 2004, Trish Carcopa bought a condominium at Parkway Towers in Kansas City, Missouri. In 2006, she refinanced... Read More

Vetstein Law Group: Mass. AG Martha Coakley Fires Shot Across Fannie Mae and Freddie Mac’s Bow Over New Foreclosure Law
Posted on 29 Aug 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Coakley Expects Fed's Compliance with New Loan Modification Law Attorney General Martha Coakley is picking a very public fight with federal mortgage giants, Fannie Mae and Freddie Mac, in the wake of the new Massachusetts... Read More

Vetstein Law Group: Massachusetts SJC Issues Another Important Foreclosure Ruling In HSBC Bank v. Matt
Posted on 6 Feb 2013 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Legal Standing For Mortgage Lender/Servicer Must Be Established To Start Foreclosure Today [January 14th] the Massachusetts Supreme Judicial Court has issued what I believe to be another very important ruling involving... Read More

St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds
Posted on 7 Jan 2015 by Ballard Spahr LLP

The Missouri Supreme Court recently ruled, [ enhanced version available to lexis.com subscribers ], that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a... 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

Vetstein Law Group: Help On The Way? New Massachusetts Foreclosure Prevention Law Passed
Posted on 31 Aug 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Two Year Effort To Overhaul Foreclosure Practices On August 3, 2012, Massachusetts Governor Deval Patrick signed into law what's been called the new Foreclosure Prevention Law . The text of the law can be found at... Read More

Appellate Division Holds That Buyer Can Sue Seller's Broker For Failing To Relay Offer To Seller
Posted on 27 Jan 2015 by Peter J. Gallagher

In a decision issued earlier this month, the Appellate Division reinstated a lawsuit against a real estate broker who failed to relay an offer from the buyer to its client, the seller. If you are thinking, as I was, "of course the court would do... Read More

New Foreclosure Law in New York –– Effective April 2010 –– Will Lead to Tenants Being Abandoned
Posted on 12 Apr 2010 by Heather C.M. Rogers

In New York, blight fright is turning lenders into landlords with unintended consequences for neighborhoods. RPAPL 1307 , Duty to maintain foreclosed property , effective April 14, 2010, changes fundamental property rights as we know them in New... Read More

Notice vs. Acceleration - Unlocking the Mystery
Posted on 6 Mar 2008 by Bruce J. Bergman

Acceleration is one of the most elemental - and critical - concepts in the realm of mortgage foreclosures. But how this is accomplished, and the relationship of acceleration to the concept of notice is sometimes elusive. A quick primer spurred by issuance... Read More

First Circuit Ruling in Foreclosure Litigation May Help Lenders Facing HAMP-Related Claims
Posted on 12 Mar 2014 by Ballard Spahr LLP

By the Ballard Spahr LLP Mortgage Banking Group The law is well settled that borrowers do not have a direct right of action under the Home Affordable Modification Program (HAMP) against a lender that fails to offer a loan modification. A split of... Read More

Fifteen Minute Foreclosure Counseling Session at Gillette Stadium Deflated Borrower’s Rights
Posted on 10 Jun 2015 by Vetstein Law Group, P.C.

Court Halts Eviction For Distressed Homeowner, Validity of Foreclosure In Question ( Wells Fargo v. Cook , Mass. Appeals Court May 19, 2015) , [ enhanced version available to lexis.com subscribers ]. In response to the foreclosure crisis, HUD enacted... Read More