Real Estate Law

Recent Posts

Williams Mullen: Debate Continues over Liability Protection for Lenders: Safe Harbor verses Rebuttable Presumption for "Qualified Mortgages"
Posted on 30 Jul 2012 by Williams Mullen

BY: J.P. MCGUIRE BOYD, JR. Fifteen months after the Federal Reserve Board proposed its initial ability-to-repay rule as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, no final rule has been adopted due in large part... Read More

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

Vetstein Law Group: Breaking News: Massachusetts Joins National Foreclosure Abuse Settlement
Posted on 9 Feb 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ In the largest national settlement since the tobacco litigation, the Boston Globe is reporting that Massachusetts Attorney General Martha Coakley is expected today to sign on to a settlement brokered by attorneys general... Read More

Wells Fargo Bank To Pay $175M To Settle Mortgage Discrimination Claims
Posted on 13 Jul 2012 by LexisNexis® Mealey's™ Legal News

WASHINGTON, D.C. - (Mealeys) In what the U.S. Department of Justice is calling the second largest fair lending settlement in the department's history, Wells Fargo Bank NA today agreed to pay more than $175 million to settle claims in a District... 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

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

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 29th, 2012 Update
Posted on 29 May 2012 by Andrea Lee Negroni

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners... Read More

Ballard Spahr LLP: Lender’s Use of Photocopied Note OK’d by Utah Court
Posted on 27 Jan 2012 by Ballard Spahr LLP

By Angela W. Adams , Steven D. Burt , and Anthony C. Kaye In a victory for lenders, a Utah appellate court has ruled that a photocopy of a note is ordinarily acceptable in court, and that a borrower who demands the original note must establish... Read More

Ballard Spahr LLP: HUD Announces Final Rule to Continue FHA Reforms
Posted on 6 Feb 2012 by Ballard Spahr LLP

By Richard J. Andreano, Jr. , John D. Socknat and Michael S. Waldron As part of its continuing efforts to protect and strengthen the Federal Housing Administration insured mortgage program, the U.S. Department of Housing and Urban Development has published... Read More

Williams Mullen: Debate Continues over Liability Protection for Lenders: Safe Harbor verses Rebuttable Presumption for “Qualified Mortgages”
Posted on 7 Aug 2012 by Williams Mullen

BY: J.P. MCGUIRE BOYD, JR. Fifteen months after the Federal Reserve Board proposed its initial ability-to-repay rule as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, no final rule has been adopted due in large part to... 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

“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

Ballard Spahr LLP: California’s Residential Foreclosure Overhaul Signed Into Law
Posted on 9 Aug 2012 by Ballard Spahr LLP

By Alan S. Petlak On July 11, 2012, California Governor Jerry Brown signed an overhaul to California's foreclosure laws to come into effect on January 1, 2013. The stated purpose of the new legislation is to ensure that, as part of the non-judicial... Read More

Fourth Circuit Limits Liability under Maryland Mortgage Finder’s Fee Act
Posted on 28 Aug 2014 by Ballard Spahr LLP

By Daniel J. Tobin, Alan S. Kaplinsky, Richard J. Andreano, John D. Socknat, and Michael S. Waldron In two recent opinions, the U.S. Court of Appeals for the Fourth Circuit substantially limited the potential scope of liability under the Maryland... Read More

Ballard Spahr LLP: Lender’s Oral Promise to Postpone Foreclosure Unenforceable, Eighth Circuit Holds
Posted on 2 Jul 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group A lender's oral promise to postpone a foreclosure sale of a borrower's home is a "credit agreement" that must be in writing to be enforceable under the Minnesota Credit Agreement Statute... Read More