Real Estate Law

California Federal Court Holds Borrowers Adequately Alleged RESPA Claim but Were Not Entitled to Restraining Order Enjoining the Sale of Their Property

The United States District Court for the Northern District of California recently held that borrowers had adequately...

New York Federal Court Dismissed FHA Claim Against Housing Authority

The United States District Court for the Western District of New York recently granted the Rochester Housing...

New York Supreme Court Annuls Insurance Regulation 208

On July 5, 2018, Justice Rakower of the New York County Supreme Court issued a decision annulling...

New Jersey Federal Court Dismisses RESPA and Consumer Fraud Act Claims Arising Out of Loan Modification But Allows FDCPA Claim to Proceed

The United States District Court for the District of New Jersey recently granted in part and denied...

Pennsylvania Federal Court Dismisses RESPA Claim Arising Out of Captive Reinsurance Arrangements

The United States District Court for the Western District of Pennsylvania recently dismissed a putative class action...

California Appellate Court Holds Lender’s Deed of Trust Was an Enforceable First-Priority Lien Despite the Borrower Having Obtained Title Via a “Sham Transaction”

The California Court of Appeals recently held that a deed of trust was a first-priority lien on...

New York Supreme Court Holds Mortgagee Does Not Need to Send 90-Day Foreclosure Notice if Mortgagee Is Not a “Lender, an Assignee, or a Mortgage Loan Servicer”

The Supreme Court of New York, Suffolk County, recently granted a foreclosing plaintiff summary judgment and held...

Seventh Circuit Affirms Dismissal of RESPA Claim for Lack of Actual Damages

The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s decision granting...

Utah Appellate Court Holds Use Restrictions Did Not Render Title Unmarketable, but Reduction in Lot Size Would Be Covered Under Title Insurance Policy

A Utah appellate court recently held that use restrictions on an insured property did not render it...

Florida Federal Court Dismisses RESPA and FDCPA Claims Due to Borrower’s Failure to Provide Servicer Notice and an Opportunity to Cure

The United States District Court for the Southern District of Florida dismissed a borrower’s claims under the...

Washington D.C. Appellate Court Holds Foreclosing Condominium Association Might Not Have Super-Priority if It Forecloses on More Than Six Months of Dues

The District of Columbia Court of Appeals recently reversed a lower court’s decision granting summary judgment to...

California Appellate Court Holds Mortgage Recorded Simultaneously with HELOC Had Priority and Was Not Entitled to Surplus Funds

The California Court of Appeals recently held that a mortgage (the “Mortgage”) recorded simultaneously with a home...