Real Estate Law

Recent Posts

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

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

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

When "Shall" Means "May": Wisconsin Court of Appeals Allows Mortgage Lenders to Slow the Foreclosure Sale Process
Posted on 30 Apr 2015 by Foley & Lardner LLP

Last week we discussed the Wisconsin Supreme Court’s decision, [ enhanced version available to lexis.com subscribers ], in Bank of New York v. Carson permitting circuit courts to force a mortgagee to hold a sheriff’s sale. Today we rewind... 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

D.C. Court of Appeals Extinguishes Lender’s Mortgage Lien Following Association Lien Foreclosure
Posted on 24 Sep 2014 by Ballard Spahr LLP

By Roger D. Winston and Joseph E. Lubinski A recent decision by the District of Columbia Court of Appeals brings into renewed focus the tension between condominium and homeowner associations and lenders when it comes to payment of delinquent association... Read More

Gov. Patrick Effectively Kills Act Clearing Titles to Foreclosed Properties
Posted on 11 Sep 2014 by Vetstein Law Group, P.C.

Senate Bill 1987 Would Have Cleared Title For Innocent Homeowners Acceding to the demands of fair housing community activists, Massachusetts Governor Deval Patrick has rejected Senate Bill 1987, An Act Clearing Titles to Foreclosed Properties . The... Read More

Duane Morris LLP: N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action
Posted on 22 Feb 2013 by Duane Morris LLP

In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of foreclosure on the subject property... Read More

"Just One Victory" By Bank Over Todd Rundgren In Foreclosure Fight
Posted on 20 Aug 2014 by Peter J. Gallagher

Todd Rundgren is a well known musician, songwriter, and producer. Most of his hits came out in the 1970's and early 1980's and are therefore a bit before my time. However, he was thrust back into the limelight when Liv Tyler shot to fame in the... Read More

Little Mortgage Relief in Arizona
Posted on 24 Jul 2013 by State Net

BUDGETS IN BRIEF: From mid-2011 through the end of 2012, ARIZONA spent only 6 percent of the $268 million it was allocated to help homeowners avoid foreclosure, despite having the nation's second highest foreclosure rate during much of the mortgage... Read More

Statewide Judicial System Report Issued on N.Y. Foreclosure Cases
Posted on 26 Nov 2013 by Ballard Spahr LLP

Earlier this month, the Chief Administrative Judge of New York's Unified Court System issued a report on the status of foreclosure cases in the state judicial system. The 2013 report contains important information about how the state's courts... 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

Not A Holder In Due Course? Not Necessarily A Standing Problem
Posted on 19 Aug 2014 by Peter J. Gallagher

By now, all lenders have likely been faced with at least one situation where a borrower alleges that the lender lacked standing to sue on a note because the lender was not the holder of the note. While New Jersey courts have largely eliminated this defense... Read More