Foreclosure

Second Circuit Interprets Guidance from New York Court of Appeals on Pre-Foreclosure Mailing Burden of Proof, Filings

Following guidance from the New York Court of Appeals, the United States Court of Appeals for the...

Arizona Appellate Court Holds Insured May Settle a Third-Party Claim When Insurer Defends Under a Reservation of Rights

The Court of Appeals for Arizona, Division 1, recently held that in the title insurance context, when...

California Appellate Court Affirms Lack of Constructive Knowledge Required for Protection Under Quiet Title Act

The Court of Appeal of California, Second Appellate District, Division Two, recently upheld a trial court’s finding...

New York Court Expands Borrower’s Entitlement to Legal Fees After Foreclosure Action Successfully Defended

The New York Supreme Court, New York County, recently held that a borrower on a mortgage is...

Maryland Supreme Court Affirms No Statute of Limitations for Foreclosures

The Maryland Court of Special Appeals recently affirmed a lower court and held that there is no...

New York Appellate Court Holds Lender’s Mortgage Was Not Reinstated After Borrowers Bought Property Back From City After Tax Foreclosure

The New York Appellate Division, Third Department, recently held that a tax sale foreclosure extinguished a mortgage...

Ninth Circuit Holds Nevada HOA Statute Giving HOA Liens Superpriority Did Not Violate Takings Clause or Due Process Clause

The United States Court of Appeals for the Ninth Circuit recently affirmed a District Court’s dismissal of...

Massachusetts Appellate Court Allows Foreclosure Judgment to Stand Based on Judicial Estoppel and Equitable Subrogation, Despite Owner Not Being Named on Mortgage

The Appeals Court of Massachusetts recently affirmed a lender’s judgment of foreclosure against a homeowner based on...

New Jersey Court Holds Surplus Proceeds From Foreclosure Sale Should Be Used to Pay Judgment Lien Against One Spouse

A New Jersey trial court recently held that the surplus proceeds from a foreclosure sale should be...

1st Circuit Rejects Homeowners’ Challenge to MERS Assignment and Claim Under Obsolete Mortgage Statute

The United States Court of Appeals for the First Circuit recently affirmed the dismissal of a complaint...

California Appellate Court Affirms Dismissal of Claim Against Title Company and Title Agent, Holds That They Had No Duty to Inform Insured Purchaser of Seller’s Involvement in Other Lawsuits

The California Court of Appeals recently held that a title insurance company and title agent had no...

New York Court Dismisses Foreclosure and Denies Motion to Amend to Add Fraudulent Conveyance Claim, Holding Both Are Untimely

The New York Supreme Court, Kings County, recently dismissed a foreclosure action and the lender’s motion to...