Real Estate Law

Recent Posts

Loan Servicer Properly Identified as Party with Authority To Negotiate Mortgage Terms in Foreclosure Notice, Georgia Court Holds
Posted on 29 Jul 2014 by Ballard Spahr LLP

A recent decision by the Georgia Court of Appeals helps to add further clarity to the state’s foreclosure notice statute. The statute, which was amended in 2008, requires that the written notice of a foreclosure sale “shall include the name... Read More

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

The Sixth Circuit, Relying upon Michigan’s Nonrecourse Mortgage Loan Act, Rejects the Enforceability of an Insolvency Covenant
Posted on 2 Apr 2015 by Ballard Spahr LLP

Notwithstanding Michigan’s 2012 Nonrecourse Mortgage Loan Act (NMLA), which provides that solvency covenants in nonrecourse loans unenforceable, in Borman, LLC v. 18718 Borman, LLC , a third-party purchaser of a foreclosed property sought a deficiency... Read More

Wisconsin Supreme Court Hears Case Involving Equitable Assignment of Mortgages
Posted on 17 Apr 2014 by Foley & Lardner LLP

The Wisconsin Supreme Court has heard arguments in Dow Family LLC v. PHH Mortgage Corp. , 2013AP221, [ enhanced version available to subscribers ], a case involving the Mortgage Electronic Registration System (MERS), an electronic mortgage tracking... Read More

Lender Allowed To Foreclose But Punished By Court For Violating Consumer Fraud Act
Posted on 16 Oct 2014 by Peter J. Gallagher

A New Jersey trial court has issued an interesting opinion, [ enhanced version available to subscribers ], allowing a lender to foreclose but imposing significant limitations on the lender because the court concluded that the lender had violated... Read More

Appellate Division Holds That Trial Court Had the Right To Decide If Foreclosure-Related Dispute Was Arbitrable, But Decided It Wrong
Posted on 12 Mar 2015 by Peter J. Gallagher

By Peter J. Gallagher ( @pjsgallagher ) Most of the current litigation over foreclosures has played out in the courts, but a recent decision from the Appellate Division, Banquez v. Deutsche Bank National Trust Company, [ enhanced version available... Read More

Appellate Division to Foreclosing Lenders: "Do Less" Because If You Do More You Might Make Yourself Liable For Damages
Posted on 20 May 2015 by Peter J. Gallagher

By Peter J. Gallagher ( @pjsgallagher ) There is a scene in the movie " Forgetting Sarah Marshall " where the main character goes to a surf instructor to teach him how to surf. The lesson is not that helpful because, among other things, the... Read More

After the Bank Forecloses, Must It Actually Sell Your House?
Posted on 9 Oct 2014 by Foley & Lardner LLP

By Philip C. Babler The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson , No. 2013AP544, [ enhanced version available to subscribers ]. It heard argument in this case last week. The case began more than... Read More

Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice
Posted on 26 Feb 2015 by GreenbergTraurig

Introduction Florida’s Third District Court of Appeal (Third District) has issued its opinion in Deutsche Bank Trust Company Americas v. Beauvais , __ So. 3d __ (Fla. 3rd DCA 2014), [ enhanced version available to subscribers ], holding... Read More

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

HUD-insured Nevada mortgages are not trumped by lien foreclosures of homeowner associations, notwithstanding Nevada’s superpriority lien law and the Nevada Supreme Court decision in SFR Investments Pool v. Wells Fargo . Mortgage lenders have been... Read More

Lenders’ Rights Under Threat in Nevada: the Nevada Supreme Court Rules That Homeowners Association Liens Can Extinguish First Deeds of Trust
Posted on 19 Dec 2014 by GreenbergTraurig

In a September 2014 ruling, the Nevada Supreme Court held that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to... Read More

Lenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute
Posted on 14 Jul 2015 by GreenbergTraurig

In a September 2014 ruling, the Nevada Supreme Court sent shockwaves through the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first... Read More

Defective 150 Day Cure Notice No Defense To Foreclosure
Posted on 19 Mar 2015 by Vetstein Law Group, P.C.

Distressed Homeowners Take Another Hit In another court ruling against embattled homeowners facing foreclosure, the Massachusetts Appeals Court has ruled that a defective 150 day cure notice is not a valid defense to a foreclosure sale. The case... Read More

Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds
Posted on 7 Apr 2014 by Ballard Spahr LLP

By the Ballard Spahr LLP Mortgage Banking Group A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank , ... Read More

“Zombie Homes” Legislation Introduced in New York
Posted on 19 May 2015 by Bruce J. Bergman

The Abandoned Property Neighborhood Relief Act of 2015 has been introduced in the New York State Senate and Assembly, prompting a Newsday article quoting Lexis author Bruce J. Bergman, author of Bergman on New York Mortgage Foreclosures (LexisNexis Matthew... Read More