Real Estate Law

Recent Posts

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 lexis.com subscribers ], a case involving the Mortgage Electronic Registration System (MERS), an electronic mortgage tracking... 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

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 lexis.com subscribers ], allowing a lender to foreclose but imposing significant limitations on the lender because the court concluded that the lender had violated... Read More

A Mortgage Loan Bloodline
Posted on 25 Aug 2015 by Ulmer & Berne LLP

By Bill Gagliano It is a parking lot. In fact, it has been a parking lot for 25 years now. In 1990, the building located at 33 Public Square, then officially yet non-descriptively known as the “Public Square Building,” was demolished... 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

CFPB Releases New Simpler Mortgage Disclosure Forms to Aid Consumers in Understanding Loan Process and Costs
Posted on 19 Feb 2014 by Troutman Sanders

By David N. Anthony , John C. Lynch , Nicola Harrison , and Scott Kelly The Consumer Financial Protection Bureau (CFPB) has released a new rule , requiring simpler and more streamlined “Know Before You Owe” mortgage disclosure forms... 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 lexis.com subscribers ]. It heard argument in this case last week. The case began more than... Read More

Borrower Can Sue Lender To Compel Loan Modification (But Only If It Does What It Promised To Do First)
Posted on 5 Mar 2015 by Peter J. Gallagher

A recent published decision from the Appellate Division -- Arias v. Elite Mortgage-- resolved a question of first impression in New Jersey that is important as the State continues to dig its way out of the credit crisis. The issue in Arias, [ enhanced... 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

High Court Rules that Borrowers May Exercise Right To Rescind Mortgage Loans By Providing Notice To Lender of Intent to Rescind Within Three Years of Loan Closing
Posted on 5 Mar 2015 by GreenbergTraurig

The United States Supreme Court has issued its long-awaited ruling in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684, 190 L. Ed. 2d 650 (U.S. Jan. 13, 2015), [ enhanced version available to lexis.com subscribers ], resolving a circuit split over... Read More

Foreclosure Notices Subject to FDCPA, Federal Court Finds
Posted on 30 Jun 2015 by Ballard Spahr LLP

Sending foreclosure notices to delinquent borrowers constitutes debt collection activity subject to the federal Fair Debt Collection Practices Act (FDCPA), a federal court in Nevada recently ruled. In Mallory v. McCarthy & Holthus, LLP , [ enhanced... 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

JPMorgan Settles With The SEC
Posted on 24 Jun 2011 by Peter J. Gallagher

The SEC announced that JPMorgan Securities LLC agreed to pay $153.6 million to settle SEC charges that the company "misled investors in a complex mortgage securities transaction just as the housing market was starting to plummet." Pursuant to... Read More

West Virginia Federal Court Dismisses Lender Liability Claims Rejecting Plaintiff’s Inflated Appraisal Theory
Posted on 10 Jun 2014 by Troutman Sanders

By John C. Lynch, Jason E. Manning, and Elizabeth "Liz" S. Flowers . On May 7, 2014, the United States District Court for the Southern District of West Virginia granted summary judgment in favor of a national bank on a consumer complaint... Read More