LexisNexis® Legal Newsroom
The Most Important Thing to Do When Buying Property at Foreclosure Sale

By now, it is abundantly clear that lenders were at best careless when acquiring and transferring mortgages. Throughout the industry, they had a carefree attitude when it came to safekeeping of mortgages note and other mortgage documents. It appears that the documentation has not followed the electronic...

Does the End of the Foreclosure Freeze Mean the Problems are Solved?

As banks lift their foreclosure freezes, many people may assume that the banks have solved their problems in documenting foreclosures. I suggest this is not the case. To understand this, keep in mind one of the problems. This is that an electronic package of mortgages owned by Bank A might list...

Prediction: Increased Foreclosures

Here is an article which predicts that 2011 will be a banner year...for foreclosures. "'Early indications in January were that this robo-signing related delay will be over by the end of first quarter if not sooner,' says RealtyTrac's Rick Sharga. 'I think we're going to see...

Delaware Court Provides Critical Guidance as to the Commercial Reasonableness of a UCC Article 9 Foreclosure Sale

by Raphaela Taylor Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower's default. Article 9, Part 6 of the Uniform Commercial Code requires that every aspect of such a sale must be commercially reasonable. However, the courts have historically...