News & Analysis as of

Foreclosure › Land Titles

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 -
Bennett Jones LLP

Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

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In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,...more

Fox Rothschild LLP

Creditor Pays for Violating Stay in Mastic Bay

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A recent Second Circuit opinion sets a bright-line rule: if the Debtor is named as a defendant in a pre-bankruptcy lawsuit, the automatic stay applies to halt further proceedings. Bayview Loan Servicing LLC v. Fogarty (In re...more

Womble Bond Dickinson

N.C. Court of Appeals: Absent Notice to the Federal Government, Foreclosure for Unpaid Local Taxes Won't Extinguish Federal Tax...

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North Carolina is a "pure race" state, for real estate title purposes. That is, “first to record an interest in land holds an interest superior to all other purchases for value, regardless of actual or constructive notice as...more

Holland & Knight LLP

West Coast Real Estate Update: Feb. 2016 #2

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New Legislation Limits Tax Sharing Agreements - California Senate Bill (SB) 533, which was signed into law in October 2015, went into effect on Jan. 1, 2016, and limits local government from executing tax-sharing...more

K&L Gates LLP

“An Act Clearing Titles to Foreclosed Properties” in Massachusetts … Maybe

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On November 25, 2015, Governor Charlie Baker did what his predecessor, Deval Patrick, did not do -- he signed “An Act Clearing Titles to Foreclosed Properties” (the “Act”), which is designed to clear legal title for...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 11, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 19, 2015

Carlton Fields on

REAL PROPERTY UPDATE: Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending February 14, 2014

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I. FLORIDA STATE CASES – SARA WITMEYER - Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more

Snell & Wilmer

Arizona Court of Appeals Holds That Certain Residential Developers Are Not Protected By The Anti-Deficiency Statute After...

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Nearly three years ago, in M&I Marshall & Isley Bank v. Mueller, the Arizona Court of Appeals held that the Arizona anti-deficiency statute protects a borrower who started, but never completed, construction of a single-family...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 3, 2014

Carlton Fields on

I. FLORIDA STATE CASES – SARA WITMEYER - - Discovery: guarantors who moved to set aside stipulation to deficiency judgment not entitled to depose corporate representatives of foreclosing plaintiff and assignee of final...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

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I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

Saul Ewing Arnstein & Lehr LLP

New Jersey Homeowners Now Using Quiet Title Actions to Affirmatively Challenge a Party’s Standing to Foreclose

Saul Ewing Arnstein & Lehr LLP on

On November 4, 2013, the New Jersey Appellate Division in Suser v. Wachovia Mortgage, FSB, et al. affirmed a homeowner’s right to file a prospective quiet title action to affirmatively challenge a bank’s standing to foreclose...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 25 & November 1, 2013

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I. FLORIDA STATE CASES – SARA WITMEYER & JOURDAN HAYNES - - Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set forth in Florida Statutes...more

Stoel Rives LLP

The Not So Good, the Bad and the Ugly: What Every Landman Needs to Know About Community Leases

Stoel Rives LLP on

In this presentation: - Creation - Conveyance Problems - Allocation of Royalties - Partial Quitclaim Problem - Pooling - Foreclosure Issues - Excerpt from: Conveyance Problems...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 9 & 16, 2013

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I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more

Eversheds Sutherland (US) LLP

Legal Alert: Holder of Deed Need Not Be Holder of Note to Foreclose, Georgia Supreme Court Rules

Eversheds Sutherland (US) LLP on

The Georgia Supreme Court held this week that the holder of a security deed need not also hold the underlying note to exercise the power of sale in accordance with the terms of the security deed. You v. JP Morgan Chase Bank,...more

Pullman & Comley, LLC

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

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In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Spilman Thomas & Battle, PLLC

Should a Lender Obtain an Owner’s Title Insurance Policy after Foreclosure?

Spilman Thomas & Battle, PLLC on

In a time when foreclosures are all too common, many secured lenders end up taking title to the real properties securing their loans. One of the questions, then, is should a lender obtain an owner’s title insurance policy or...more

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