News & Analysis as of

Foreclosure Recordation

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 -
Poyner Spruill LLP

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

Poyner Spruill LLP on

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing...more

Baker Donelson

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

Baker Donelson on

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on...more

Winthrop & Weinstine, P.A.

Failure to Comply with Minnesota's Statutory Requirements in Foreclosure by Advertisement Costs Lender

Lenders foreclosing by advertisement in Minnesota must comply with many technical requirements. One requirement is "that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been...more

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