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Ninth Circuit Holds Nevada Statute Allowing Homeowners’ Associations to Foreclose Without Notice to Lienholders Was Unconstitutional

November 1, 2016

The United States Court of Appeals for the Ninth Circuit recently reversed a district court’s decision and...

North Carolina Federal Court Holds Insured’s Actions Excluded Coverage Under Title Insurance Policy

November 1, 2016

The United States District Court for the Western District of North Carolina recently granted a title insurer’s...

New Jersey Court Bars Foreclosure Action Initiated More Than Six Years after Maturity Date

November 1, 2016

The Superior Court of New Jersey, Chancery Division, recently held that a foreclosure action commenced more than...

New Jersey Court Grants Lender Equitable Subrogation Despite Alleged Negligence

November 1, 2016

A New Jersey Chancery Division court recently granted a defendant-lender summary judgment on the doctrine of equitable...

New York Supreme Court Holds That Borrower’s Failure to Properly Serve Appeal on Loan Service Negated RESPA Protections

November 1, 2016

The Supreme Court of New York, Suffolk County, recently held that a mortgagor who did not properly...

New York Federal Court Holds That Debtor Who Satisfied Tax Judgment After Foreclosure Sale Could Not Prevent Sale of Property

November 1, 2016

The United States District Court for the Eastern District of New York recently held that a debtor...

Rhode Island Supreme Court Holds Condominium Lien Foreclosure Sale Extinguished Prior-Recorded First Mortgage

November 1, 2016

The Rhode Island Supreme Court recently held that a condominium lien can extinguish a prior-recorded first mortgage...

Eleventh Circuit Holds That Servicer Violated FDCPA by Including Estimated Future Charges in Letter to Debtor

November 1, 2016

The United States Court of Appeals for the Eleventh Circuit recently reversed a lower court and found...

Florida Appellate Court Rejects Argument That Mortgagee Had to Send Second Default Notice to Borrower After First Lawsuit Dismissed Without Prejudice

November 1, 2016

A Florida appellate court recently held that a lender could institute a second foreclosure action against a...

New York Supreme Court Holds That Defaulted Homeowner Cannot Make Standing Defense in Foreclosure Action

November 1, 2016

The Supreme Court of New York, Queens County, recently held that a homeowner who had failed to...

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