News & Analysis as of

Foreclosure › Mortgages › Real Estate Market

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 -
Cadwalader, Wickersham & Taft LLP

Fool Me Once, Shame on You; Fool Me Twice, Shame on Me: Res Judicata and Ownership Claims Post Foreclosure

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The Supreme Court of the State of New York, County of Westchester, recently held that the doctrine of res judicata bars a lender’s claim that a borrower’s subsequent transfers of property are void, if the claim is brought...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

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In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

Kohrman Jackson & Krantz LLP

Rising Vacancy Rates in Downtown Office Buildings May Cause Wave of Commercial Foreclosures

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The COVID-19 pandemic has brought about significant changes in work dynamics, leading to a rise in vacant office buildings across the United States. Remote work arrangements and the adoption of flexible work models have...more

Orrick, Herrington & Sutcliffe LLP

CFPB warns debt collectors on “zombie mortgages”

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On April 26, the CFPB issued an advisory opinion affirming that the FDCPA and implementing Regulation F prohibit covered debt collectors from suing or threatening to sue to collect time-barred debt. As such, a debt collector...more

Cadwalader, Wickersham & Taft LLP

Further Developments in Mezzanine Foreclosures

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The New York State Supreme Court, New York County Commercial Division (the “Court”) decided in U.S. Bank, N.A. v. 342 Property LLC, on February 14, 2022, that a mezzanine lender that is not a party to loan documents that...more

Cadwalader, Wickersham & Taft LLP

The ESG Factor, January 2022 - One of These Things Is Not Like the Other: New York State Court Upholds Commercial Reasonableness...

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On November 10, 2021, the owner of the State Street Financial Center in Boston, Massachusetts defaulted on its debt, consisting of a mortgage loan in the amount of $535,000,000 and three mezzanine loans in the aggregate...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - February 2021 Issue #2

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New York Commercial Eviction and Mortgage Foreclosure Moratorium Extended - On January 27, 2021, Governor Andrew Cuomo issued Executive Order 202.92. The order extended the Governor’s initial COVID-19 disaster declaration...more

Cadwalader, Wickersham & Taft LLP

Bouncing Back - January 2021 | Issue No. 20, (Don’t) Stand By Me: NY Court of Appeals Judge Unravels Confusion Surrounding...

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In a recent concurring opinion, Judge Rowan D. Wilson sifts through and attempts to clear up some confusion in New York case law surrounding the doctrine of standing in foreclosure actions. ...more

Pillsbury Winthrop Shaw Pittman LLP

Distressed Real Estate During COVID-19: Mezzanine Loans Behind Construction Loans—Special Considerations and Intercreditor...

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Construction loans with companion mezzanine loans raise a host of concerns that are unique to more standard ICAs between a mortgage lender and a mezzanine lender. An intercreditor agreement (ICA) involving a construction...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - September 2020 Issue #1

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CDC To Halt Evictions Through Year-End Using Quarantine Rules In an effort to prevent COVID-19 from spreading, the Centers for Disease Control and Prevention (CDC) intends to use its quarantine authority to halt the...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - August 2020 Issue #3

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New York Extends Foreclosure Moratorium - On August 5, 2020, Governor Cuomo issued Executive Order 202.55, which, among other things, extends the ban on certain foreclosure proceedings....more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - August 2020 #2

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The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - August 2020 #1

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Cadwalader, Wickersham & Taft LLP

DRANO Revisited: Further Updates on the Doctrine of Clogging the Equity of Redemption

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On June 2, 2020, in HH Mark Twain LP v. Acres Capital Servicing LLC, the Supreme Court of the State of New York (the “Court”) denied the defendant’s motion to dismiss the plaintiff’s “clogging” claim, thereby providing a...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - July 2020 #1

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The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Fox Rothschild LLP

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

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On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #8)

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #7)

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

ArentFox Schiff

What the District’s COVID-19 Response Legislation Means for the Real Estate Industry

ArentFox Schiff on

On June 8, 2020, Mayor Bowser signed the Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (the Act), which the Council of the District of Columbia had unanimously approved on May 19, 2020. The Act is...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #6)

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The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #5)

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Proskauer Rose LLP

Real Estate Loan Acquisitions – A Guide for Purchasers

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In light of significant deterioration in cash flows and asset values in many classes of real estate caused by the COVID-19 pandemic, many real estate lenders are finding some of their otherwise well-underwritten loans to be...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #4)

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #3)

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations (Updated #2)

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

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