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...
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...
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 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...
In New York,
blight fright is turning lenders into landlords with unintended consequences
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...
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.