News & Analysis as of September 23, 2024

Local Ordinance

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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 -

Mortgage Foreclosure Ordinances Preempted by Existing State Law

Partridge Snow & Hahn LLP on 2/6/2015

The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more

St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds

Ballard Spahr LLP on 11/25/2014

The Missouri Supreme Court recently ruled that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a matter of purely municipal...more

First Circuit: Does a Local Government Have Authority To Regulate Foreclosures?

Best Best & Krieger LLP on 11/27/2013

Many cities have struggled with the effects of foreclosures. But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area? A First Circuit case,...more

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Foreclosure › Mediation › Local Ordinance

Mortgage Foreclosure Ordinances Preempted by Existing State Law

St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds

First Circuit: Does a Local Government Have Authority To Regulate Foreclosures?

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