Consumer Protection Civil Procedure Commercial Real Estate

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Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates...more

What Today's Real Estate Investors Need to Know About Foreclosure Related Lawsuits

This article explores Real Estate Short Sales, Foreclosure Sales, Post-Foreclosure Sales, and Associated Lawsuits in the Context of a Real Estate Investor's Decisionmaking in a Market in Transition. (This article is provided...more

Kubicki v Mortgage Electronic Registration Systems et al.

County Sheriff May Appoint Special Deputies by Written Agreement to Execute ForeclosuresMichigan

In this case, the Michigan Court of Appeals found nothing improper in a signed agreement by a county sheriff and a process serving company wherein the president of the process serving company was appointed a special deputy...more

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