LexisNexis® Legal Newsroom
Notice vs. Acceleration - Unlocking the Mystery

Acceleration is one of the most elemental - and critical - concepts in the realm of mortgage foreclosures. But how this is accomplished, and the relationship of acceleration to the concept of notice is sometimes elusive. A quick primer spurred by issuance of a new case follows. [For the full story in...

Joy Harmon Sperling on the Groundbreaking Decision in Massachusetts v. Fremont Investment

The Massachusetts Superior Court recently enjoined a mortgagee from foreclosing on "presumptively unfair" mortgages without first obtaining the assent of the Massachusetts Attorney General or, if approval is not granted, without the Court's permission. In so doing, the Court has taken the...

Foreclosure Rescue Scams as a Virus

Attorney Melissa A. Huelsman is the author of a new chapter on foreclosure rescue scam litigation in Real Estate Financing (Lexis treatise). ( If you haven’t already seen it, check out her analysis of the anatomy of such a scam .) In listening to her podcast interview on the subject -- in which...

New Foreclosure Statute in New York -- Lawmakers Hammer Mortgage Lenders

New York State has passed foreclosure statutes which will impose considerable delay upon the mortgage foreclosure process and create numerous new opportunities for borrowers and other defendants to contest the foreclosure case. The law will also expose lenders to potentially significant repair and...

New Foreclosure Law in New York –– Effective April 2010 –– Will Lead to Tenants Being Abandoned

In New York, blight fright is turning lenders into landlords with unintended consequences for neighborhoods. RPAPL 1307 , Duty to maintain foreclosed property , effective April 14, 2010, changes fundamental property rights as we know them in New York. When, on December 15, 2009, New York's...

Ballard Spahr LLP: Court Bars Mortgage Foreclosure Robo-Signing Claims

By the Consumer Financial Services Group Claims by borrowers related to alleged "robo-signing" in mortgage foreclosures must be raised in the original foreclosure action and not in a subsequent lawsuit for damages, the U.S. District Court for the District of Maryland has ruled. ...