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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...

New York’s Second Department Affirms Denial of Summary Judgment to Bank Customer Who Alleged Fraudulent Transfer

November 1, 2016

The Second Department of New York’s Appellate Division recently affirmed a lower court’s denial of a bank...

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...

New York Supreme Court Holds That Bank Was Not Liable for Unauthorized Transfers

November 1, 2016

The Supreme Court of New York, New York County, recently held that a bank was not liable...

Pennsylvania Federal Court Finds Title Insurer Not Liable for Failure to Supervise

November 1, 2016

The United States District Court for the Eastern District of Pennsylvania recently held that a title insurance...

Washington Appellate Court Equitably Subrogates Lender to Priority Position

November 1, 2016

The Washington Court of Appeals recently granted a refinancing lender a priority lien over a mortgage secured...

Florida Federal Court Holds That Mortgage Assignee Has Standing to Enforce the Mortgage’s Jury Waiver Clause, But Servicer Does Not

November 1, 2016

The United States District Court for the Southern District of Florida recently held that the assignee of...

New Jersey Federal Court Holds That Lender May Have Violated HPA By Using Updated Appraisal to Determine PMI Termination Date

November 1, 2016

The United State District Court for the District of New Jersey recently denied a lender’s motion to...

Indiana Appellate Court Grants Title Insurer Summary Judgment Based on Insureds’ Failure to Notify

November 1, 2016

The Indiana Court of Appeals recently granted a title insurer summary judgment on the insureds’ breach of...

New York Court Holds That Deceased Borrower’s Executrix Was Not Entitled to Same Protections in Foreclosure Action as the Borrower

November 1, 2016

A New York court recently denied a motion to vacate the default entered against the borrower’s executrix,...

Supreme Court Holds That Unaccepted Settlement Offer Does Not Moot Class Action

November 1, 2016

The United States Supreme Court recently held that an unaccepted offer of judgment pursuant to Federal Rule...

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...

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