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Foreclosure › Perfected Security Interest

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 -
Stark & Stark

Commercial Foreclosures in Pennsylvania: How Deal Formation Impacts Litigation

Stark & Stark on

The fact that commercial transactions can very easily become complex is not a novel statement. When financial institutions lend money to commercial entities, the basic documentation required to evidence the loan, promise to...more

Bricker Graydon LLP

New 6th Circuit opinion puts the brakes on expedited tax foreclosures by county land banks

Bricker Graydon LLP on

​​​​​​​You knew the wheels were falling off the (medieval) cart when the federal 6th Circuit Court of Appeals rattled off English legal theory from the year 1470, right?   Advocates for county land banking activities in...more

Miller Nash LLP

Washington’s New Statutory Wage Lien: How Wage Liens Impact Secured Creditors’ Rights

Miller Nash LLP on

Washington’s recently enacted Washington Wage Recovery Act, SB 5355 (the “Act”), creates a new statutory lien for employees’ unpaid wage claims against their employers. The Act has significant implications for employees,...more

Wyrick Robbins Yates & Ponton LLP

An Environmental Primer for Lenders

Wyrick Robbins Yates & Ponton LLP on

 Given the current demand for downtown properties, borrowers are acquiring contaminated properties like never before. Against this backdrop, lenders should become familiar with the basics of environmental laws imposing...more

Bradley Arant Boult Cummings LLP

Big Win for Servicers and Lenders of Fannie and Freddie Owned Loans against Nevada HOA Foreclosures

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Last week, the U.S. Court of Appeals for the Ninth Circuit issued a significant decision in favor of lenders and mortgage servicers fighting off claims that their mortgage liens were extinguished by Nevada homeowners...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection

Sheppard Mullin Richter & Hampton LLP on

On Oct. 19, 2016, the Ninth Circuit held that merely enforcing a security interest is not “debt collection” under the federal Fair Debt Collection Practices Act (“FDCPA”). In so holding, the Ninth Circuit disagreed with...more

Bradley Arant Boult Cummings LLP

Lenders’ New Right to Redeem after Nevada HOA Foreclosure Sales

Bradley Arant Boult Cummings LLP on

Beginning October 1, 2015, lenders in Nevada will have a much-needed right to redeem properties sold at homeowners association (HOA) foreclosure sales for pennies on the dollar. Specifically, lenders and homeowners will have...more

Bradley Arant Boult Cummings LLP

Nevada HOA Super-Priority Lien Statute Preempted by Federal Law, Holds U.S. District Court

Bradley Arant Boult Cummings LLP on

On Monday, the U.S. District Court for Nevada issued significant decisions in three cases, holding that a foreclosure on a Nevada HOA’s super-priority lien could not extinguish a deed of trust securing a debt owned by a...more

Bradley Arant Boult Cummings LLP

Notice Me: The New Notice Requirements for HOA Lien Foreclosures in Nevada

Bradley Arant Boult Cummings LLP on

In a previous blog post, we reported on Senate Bill 306, passed by Nevada Governor Brian Sandoval on May 28, 2015. The legislation redresses the substantial harm caused by SFR Investments Pool 1, LLC v. U.S. Bank, N.A. In SFR...more

Troutman Pepper

Foreclosure Sales: When Is the “Deed” Done?

Troutman Pepper on

In re Betchan, 524 B.R. 830 (Bankr. E.D. Wash. 2015) – A mortgagee was the highest bidder at a foreclosure sale that took place shortly before the debtor filed bankruptcy. The lender requested relief from the...more

Carlton Fields

An Unlikely Condition Precedent to Foreclosure in Florida

Carlton Fields on

Mortgage servicers beware. Mortgagors in Florida are defending residential mortgage foreclosures based on the allegation that the servicer failed to give them notice of assignment of the right to bill and collect on the debt...more

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