Affirmative Defenses Foreclosure

News & Analysis as of

Mortgage Default Letters: R.I.P. Paragraph Twenty Two…Borrowers Will Miss You

In residential foreclosures, a notice of default letter, commonly found in paragraph 22 of most mortgages is a condition precedent to acceleration of the amount owed under the note and mortgage. Those familiar with...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

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