News & Analysis as of September 20, 2024

Foreclosure › Personal Property

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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 -

Can I recover excess proceeds from a foreclosure sale? - McGlinchey Commercial Law Bulletin - August 2022

McGlinchey Stafford on 8/22/2022

Claim to excess funds in foreclosure- In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower? Here,...more

Mobile Homes and Real Property: A Strained Relationship

Smith Debnam Narron Drake Saintsing & Myers,... on 6/4/2020

Since the invention of the mobile home, everyone has struggled with the relationship these homes have to real property. Is the mobile home part of the real property? Is it personal property and if so, when and how does it...more

Real Estate Alphabet Soup: F is for Foreclosure

Miles & Stockbridge P.C. on 9/4/2019

In my last post, “Real Estate Alphabet Soup: E is for Easement and Eminent Domain” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “F.”...more

Tenants and Personal Property after a Foreclosure Sale

Shumaker, Loop & Kendrick, LLP on 4/4/2018

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled...more

Sixth Circuit Lifts the Lid On Pre-Approved Filings Under Seal

Butler Snow LLP on 10/3/2016

Any thought that the Sixth Circuit’s June decision regarding filings under seal in Shane Group, Inc. v. BlueCross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), might be narrowly construed based upon the nature of the...more

Appellate Court Notes

Pullman & Comley, LLC on 5/10/2016

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D. - ...more

A Look at the Friendly Foreclosure Option

Blank Rome LLP on 6/3/2015

When a debtor defaults on a loan secured by personal property, the secured lender has several options for repayment. One option is to sell the collateral securing the debt pursuant to Article 9 of the Uniform Commercial Code...more

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