News & Analysis as of

Foreclosure › Title Search

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 -
Rosenberg Martin Greenberg LLP

West Virginia Supreme Court of Appeals Holds That Borrowers Facing Foreclosure Do Not Have Standing to Challenge Validity of...

Rosenberg Martin Greenberg LLP on

Clete Pavone bought property in West Virginia from Patrick Russell in October of 2018. Because he did not obtain a title search before buying the property, Mr. Pavone did not know that it was encumbered by a deed of trust...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 5, 2019

Carlton Fields on

Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018

Carlton Fields on

Real Property Update - Foreclosure/Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more

Poyner Spruill LLP

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

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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

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