Foreclosure

Eighth Circuit Holds Borrowers’ Acknowledgment of Receipt of TILA Disclosure Defeated Their TILA Claim

In a decision approved for publication, the United States Court of Appeals for the Eighth Circuit recently...

New Jersey Appellate Court Holds Trial Court Must Determine Fair Market Value Credit of Foreclosed Properties to Ensure Lender Did Not Receive a Windfall

In a decision approved for publication, New Jersey’s Appellate Division recently remanded an action to the Chancery...

Tenth Circuit Holds FDCPA Does Not Apply to Non-Judicial Foreclosures

The United States Court of Appeals for the Tenth Circuit recently joined the Ninth Circuit and affirmed...

New York’s First Department Reverses Trial Court’s Denial of Summary Judgment in Foreclosure Despite Errors in Affidavits

The First Department of New York’s Appellate Division recently held that a trial court should have granted...

New York’s First Department Holds Mortgagee’s Interest in Property Was Not Rendered Null and Void Where Mortgagors Had Acquired Property by Fraudulent Means

The First Department of New York’s Appellate Division recently held that a mortgagee’s interest in a property...

New Jersey Appellate Division Affirms That Lender Was Not Entitled to Priority for Its First-Recorded Mortgage When It Was Aware of Other Mortgage, Even if It Was Not Aware of Other Mortgagee’s Identity

The New Jersey Appellate Division recently affirmed that a lender who records a mortgage with knowledge of...

New Jersey Federal Court Dismisses Plaintiff’s Complaint Against Mortgage Servicer Under Rooker-Feldman and Entire Controversy Doctrines

The United States District Court for the District of New Jersey recently granted a mortgage servicer’s motion...

New Jersey Appellate Division Holds Foreclosing Lender Not Responsible for Condominium Association Fees after Winterizing the Property

The New Jersey Appellate Division recently affirmed that a lender who winterizes and secures a property during...

New York Federal Court Grants Servicer’s Motion to Dismiss RESPA Claims

The United States District Court for the Eastern District of New York recently granted a defendant loan...

New York Federal Court Holds Pre-Foreclosure Notice Is Not Subject to FDCPA

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

California Appellate Court Affirms Judgment for Title Insurer After Insured Conveyed Its Interest in Foreclosure Sale

In an action brought by foreclosure sale purchasers against the foreclosing bank’s title insurer based on the...

Arizona Court of Appeals Affirms Summary Judgment for Mortgagee Under Replacement Doctrine, but Reverses Application of Equitable Subrogation

In an action regarding lien priority between two lenders, the Court of Appeals of Arizona recently affirmed...