News & Analysis as of

Foreclosure › Eviction

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of... more +
Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -
McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

McGlinchey Stafford

Court Rules Eviction Proceedings are Not Debt Collection under FDCPA

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The United States Court for the Western District of Virginia recently granted a foreclosure firm’s motion to dismiss on the grounds that the firm’s representation of a lender did not violate the Fair Debt Collection Practices...more

Patton Sullivan Brodehl LLP

Eviction After Foreclosure: Further Developments from the Courts

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A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years.  Here is a summary, capped by an update on a recently filed opinion: ...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 29, 2022

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Real Property Update - Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 22, 2022

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Real Property Update - Foreclosure / Unclean Hands: Trial court erred by applying the unclean hands doctrine to bar foreclosure because there was no support for the application of this doctrine where there was no...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know (Spanish) - April 2022

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EXPULSIONES- ¿Me pueden expulsar de mi casa como resultado de un procedimiento de ejecución hipotecaria durante la emergencia sanitaria por la COVID-19? Si. La moratoria estatal de desalojos para los propietarios que...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know - April 2022

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? Yes. The state eviction moratorium for homeowners facing foreclosure ended on November 15, 2021. (See...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know (Spanish) - March 2022

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EXPULSIONES- ¿Me pueden expulsar de mi casa como resultado de un procedimiento de ejecución hipotecaria durante la emergencia sanitaria por la COVID-19? Si. La moratoria estatal de desalojos para los propietarios que...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know - March 2022

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? Yes. The state eviction moratorium for homeowners facing foreclosure ended on November 15, 2021. (See...more

McGlinchey Stafford

The End of New York’s Foreclosure Moratorium

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The hardship stays provided under New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (EEFPA) officially ended on January 15, 2022. The EEFPA was the legislature’s response to protect New Yorkers...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know - December 2021

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? Yes. The state eviction moratorium for homeowners facing foreclosure ended on November 15, 2021. (See...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know (Spanish) December 2021

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EXPULSIONES- ¿Me pueden expulsar de mi casa como resultado de un procedimiento de ejecución hipotecaria durante la emergencia sanitaria por la COVID-19? Si. La moratoria estatal de desalojos para los propietarios que...more

Tarter Krinsky & Drogin LLP

Law Brief®: Robert Wolf, Alexander Tiktin and Richard Schoenstein Discuss the Continuing Foreclosure/Eviction Moratorium

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On the latest Law Brief® episode, Bankruptcy and Corporate Restructuring Partner Robert Wolf and Associate Alexander Tiktin join host, Richard Schoenstein to discuss the current status of the COVID-19 foreclosure and eviction...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know - October 2021

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106. Under this order,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 24, 2021

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Real Property Update - Foreclosure / Section 702.036 / Eviction: Former borrower failed to establish entitlement to stay of writ of possession pending appeal; section 702.036 solely provides for monetary damages against...more

Cadwalader, Wickersham & Taft LLP

Bring On Q4 - September 2021 - COVID-19 Update: New York Governor Signs New Moratorium Effective until January 15, 2022

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On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses. Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more

Harris Beach PLLC

New York State Eviction Moratorium Extended through 1/15/2022

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In order to address the August 31, 2021 expiration of various New York State eviction and foreclosure moratoria, and in light of the United States Supreme Court’s (SCOTUS) recent invalidation of certain provisions of New York...more

Rumberger | Kirk

Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?

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Stay Tuned for the Coming Ruling from the U.S. Court of Appeals for the Fifth Circuit - The Supreme Court of the United States effectively ruled on August 26, 2021 that the Centers for Disease Control and Prevention (CDC)...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 18

Spilman Thomas & Battle, PLLC on

Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords - "However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: New York Governor Signs New Moratorium Effective until January 2022

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On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses.  Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more

Locke Lord LLP

New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

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In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided...more

Blank Rome LLP

U.S. Supreme Court Blocks Enforcement of a Limited Part of New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act

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Financial institutions, lenders, and servicers should take note that the United States Supreme Court (“SCOTUS”) granted an injunction filed by plaintiffs-landlords seeking to prevent the enforcement of New York’s COVID-19...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - August 2021

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Perkins Coie

CDC Issues New Federal Eviction Moratorium

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Citing a surge of COVID-19 cases in July 2021, the Centers for Disease Control and Prevention (CDC) issued a new federal eviction moratorium on August 3, 2021 (Order). The Order is similar to the CDC’s previous eviction...more

Ballard Spahr LLP

While Foreclosure Moratorium Ended, FHFA, HUD, VA and USDA Extend Eviction Moratoria

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The Centers for Disease Control and Prevention's (CDC) eviction moratorium expired on July 31, 2021. Meanwhile, at President Biden's request, the Acting Director of the Federal Housing Finance Agency, and the Secretaries of...more

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