Real Estate Law

Recent Posts

Borrowers Cannot Vacate Final Judgment Of Foreclosure Because They "Read Something Wrong"
Posted on 31 Aug 2015 by Peter J. Gallagher

This might have seemed obvious, but the Appellate Division nonetheless recently confirmed that a borrower's claim that it "read something wrong" could not establish "excusable neglect" sufficient to vacate a final judgment of foreclosure... Read More

Florida District Court Issues Key Ruling in Mortgage Foreclosure Case
Posted on 9 Jul 2015 by Duane Morris LLP

Previously, Florida appellate courts were strictly enforcing the acceleration requirements in mortgages. In Gorel v. The Bank of New York Mellon , Case No. 5D13-3272 (Fla. 5th DCA May 8, 2015), [ enhanced version available to lexis.com subscribers ],... Read More

Real Estate Loan Mitigation, Foreclosure, and Mortgagor Tax Liabilities
Posted on 2 Jul 2014 by Patricia Hughes Mills, J.D., L.L.M.

By Patricia Hughes Mills J.D. LL.M Upon mortgage debt default, the mortgagee's foreclosure or mitigation of the debt yield differing tax consequences to the mortgagor. Moreover, the mortgagor's tax treatment on foreclosure depends, in part... Read More

SJC Voids Foreclosure Over Defective Notice of Default
Posted on 9 Sep 2015 by Vetstein Law Group, P.C.

Ruling Enables Foreclosed Owner to Live in Premises For Over 6 Years, Leaving New Owner with Defective Title In a decision which could affect how title examiners and title insurance companies underwrite title to foreclosed properties, the Supreme... Read More