Breach of Contract, Foreclosure

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - February 15, 2013

by BuckleySandler LLP on 2/15/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - PRIVACY/DATA SECURITY - Excerpt from Privacy/Data...more

"I Knew You Were Trouble": Recent Trends in Lender Liability Litigation

by Timothy Lupinacci | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

Lender liability claims generally arise in one of following contexts: (i) claims seeking recovery of damage or "leverage" to accept discounted payoffs; (ii) counterclaims to foreclosure/receivership/guarantor actions; or...more

The Importance Of Strict Compliance With Notice Of Default Provisions In Loan Documents

by Neha Dagley | Schecter Law on 2/4/2013

In Judy v. MSMC Venture, LLC, 100 So. 3d 1287 (Fla. 2d DCA 2012), a mortgagee brought a foreclosure action. At issue were two promissory notes executed by Thomas and Jill Judy in favor of Market Street Mortgage Corp., who...more

Notice Of Lis Pendens based On An Unrecorded Document And The “Fair Nexus” Requirement

by Schecter Law on 1/30/2013

A notice of lis pendens is only proper where there is a sufficient link between a cause of action and either legal or equitable ownership of a particular property if the cause of action is based on an unrecorded document....more

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

by David Dreifus | Poyner Spruill LLP on 12/19/2012

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of...more

Wrongful Foreclosure or Breach of Contract: The Importance of Proper Pleading

by Schecter Law on 11/1/2012

It is necessary to allege sufficient facts so a court can determine if a claimant has a viable claim. Failure to allege sufficient facts opens the claim up to possible dismissal. Foxx v. Ocwen Loan Servicing, LLC,...more

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Breach of Contract › Foreclosure