Foreclosure

Michigan District Court Dismisses Plaintiff’s Wrongful Foreclosure Action for Failure to State a Claim

The United States District Court for the Eastern District of Michigan recently dismissed plaintiff debtor’s complaint seeking...

New York Federal Court Dismisses Mortgagee’s Complaint and Holds Citizenship of Nominal Defendant MERS Cannot Be Controlling for Diversity Jurisdiction Purposes

In an action filed by plaintiff mortgagee in federal court purportedly under diversity jurisdiction, the United States...

Sixth Circuit Holds That Servicer Does Not Have Duty to Respond to Multiple Modification Applications Under RESPA

The United States Court of Appeals for the Sixth Circuit recently upheld the dismissal of a borrower’s...

New York District Court Holds Plaintiff’s Failure To Properly File the Statutorily Required Notice of Pendency Warrants Denial of Motion For Default Judgment

The United States District Court, Northern District of New York, recently denied plaintiff’s motion for default judgment...

New York Supreme Court Dismisses Plaintiff’s Complaint to Foreclose on Tax Liens Against Bona Fide Purchasers For Value, but Finds City Liable for Negligence in Mistakenly Marking the Liens as Satisfied

In an action to foreclose on two tax liens that were assigned to plaintiff, the New York...

California District Court Dismisses Complaint Alleging Wrongful Foreclosure for Lack of Standing on the Ground that a Mistake in Recording Renders an Assignment Void, Not Voidable

The Northern District of California recently granted defendant bank’s motion to dismiss pro se plaintiffs’ complaint alleging...

New York Appellate Division Holds That Foreclosure Action Dismissed as Abandoned Can Be Recommenced by Successor Under Savings Provision

The Appellate Division of New York, Second Department, recently affirmed the Supreme Court’s determination that a foreclosing...

Maryland Federal Court Dismisses Plaintiff’s Complaint with Prejudice on Res Judicata Grounds Due to a Previously Filed Foreclosure Action

The United States District Court for the District of Maryland recently granted defendants’ motion to dismiss plaintiff’s...

Florida Appellate Court Reverses Prior Decision and Holds That Liens Placed on Property Between Final Foreclosure Judgment and Sale Are Discharged

A Florida appellate court recently granted a motion for rehearing and reversed its prior decision, now holding...

Tenth Circuit Affirms District Court’s Grant of Judgment on the Pleadings in Favor of Defendant Title Insurance Company

The Tenth Circuit recently affirmed that a title insurance policy did not cover a loss caused by...

Third Circuit Reaffirms Statute of Limitations for Foreclosing Accelerated Loan

The United States Court of Appeals for the Third Circuit recently reaffirmed that a foreclosure action commenced...

Florida Appellate Court Holds That Liens Placed on Property Between Final Foreclosure Judgment and Sale Are Not Discharged Under Lis Pendens Statute

A Florida appellate court recently affirmed a lower court’s decision that municipal liens placed on a property...