News & Analysis as of September 19, 2024

Foreclosure › Investors

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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 -

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

Nelson Mullins Riley & Scarborough LLP on 8/26/2024

On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more

New York Foreclosure Abuse Prevention Act Update: Latest Challenges and Implications

Dechert LLP on 2/14/2024

Just over a year has passed since the enactment of the New York Foreclosure Abuse Prevention Act (“FAPA”). FAPA was enacted as a response to the New York Court of Appeals’ 2021 holding in Freedom Mortg. Corp. v. Engel, 37...more

Guarantor Liability: Assignment of Note Doesn’t Automatically Assign Guaranty Too

Patton Sullivan Brodehl LLP on 12/28/2023

Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided by California’s First District Court of Appeal —...more

AB 2170 Changes California Law on Foreclosure Sales

Snell & Wilmer on 7/27/2023

California changed its law at the beginning of the 2023 to require that certain sellers of foreclosed properties containing one to four residential units only accept offers from eligible bidders during the first 30 days after...more

New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

McCarter & English, LLP on 6/23/2023

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,...more

Ready, Set, Invest: A Due Diligence Checklist for Foreclosure Property

Woods Rogers on 4/4/2023

Foreclosure sales are an excellent resource for investors looking to purchase fixer-upper properties at low prices. However, there are many risks of buying properties sight unseen, and misconceptions about the foreclosure...more

Planning for the Rescue Capital Wave of 2023

Pillsbury Winthrop Shaw Pittman LLP on 1/10/2023

Parties engaging in rescue capital transactions should prepare to meet the recapitalization demands of real estate entities. Many real estate investment vehicles are suffering from an “equity gap” in their capital...more

House Votes to Repeal OCC True Lender Rule

Goodwin on 7/28/2021

In This Issue. The House of Representatives voted to pass a Congressional Review Act resolution repealing the Office of the Comptroller of the Currency’s (OCC) “true lender” rule; the Consumer Financial Protection Bureau...more

Damages Award Crumbles in Texas Concrete Manufacturing Row

McDermott Will & Emery on 7/1/2020

The Supreme Court of Texas held that a limited partner had standing to sue for alleged loss in the value of its interest in the partnership, but reversed a damages award in favor of that limited partner for insufficient...more

Are Statute Of Limitation Defenses On Your Radar?

Locke Lord LLP on 7/27/2015

Mortgage servicers and their clients have been working with a population of defaulted loans in the hundreds of thousands for the better part of the last seven years. Now, as regulatory and statutory changes have extended...more

South Florida’s Residential Markets On The Rise

Bilzin Sumberg on 12/12/2013

South Florida’s residential market is strengthening at fast, consistent rates making the prospects for the future seem bright this holiday season. During the over-leveraged, overbuilt times of 2008, most believed South...more

Trends in Single-Family Housing

Pillsbury Winthrop Shaw Pittman LLP on 2/5/2013

Rising home values in many areas of the country and improved economic data have buoyed hopes that the recession may be behind us, but no one expects an immediate return of either pre-2007 home value appreciation or the loose...more

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Foreclosure › Investors

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