News & Analysis as of September 19, 2024

Foreclosure › Written Notice

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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 -

COVID-19: Oregon House Bill 4204 Changes the Landscape for Foreclosures

Schwabe, Williamson & Wyatt PC on 7/13/2020

The COVID-19 pandemic has affected business in ways unseen before. Lawyers at Schwabe are monitoring legislative updates to help our clients understand the effects to their business and options available. Today we’re...more

Newly-Enacted Texas Law Confirms Mechanism for Lenders to Unilaterally Rescind Acceleration

Locke Lord LLP on 6/24/2015

On June 17, 2015, Governor Greg Abbott signed House Bill 2067, which amends the Texas Civil Practice and Remedies Code to provide a clear mechanism for lenders to unilaterally rescind acceleration of a defaulted loan. ...more

Client Alert: New Florida Law Protecting Tenants in Foreclosure

Shumaker, Loop & Kendrick, LLP on 6/8/2015

New Florida Law Protecting Tenants in Foreclosure - On June 2, 2015, Florida Governor Rick Scott signed into a law a new statute titled "Termination of rental agreement upon foreclosure," which became effective upon...more

Foreclosure Notices Subject to FDCPA, Federal Court Finds

Ballard Spahr LLP on 6/5/2015

Sending foreclosure notices to delinquent borrowers constitutes debt collection activity subject to the federal Fair Debt Collection Practices Act (FDCPA), a federal court in Nevada recently ruled. In Mallory v. McCarthy &...more

11th Circuit: Publication of Foreclosure Sale Notices Does Not Fall within Purview of FDCPA

Burr & Forman on 4/27/2015

Andrew D. Dunavant, Jr., and Mary Dunavant (the Dunavants) appealed the district court’s partial denial of their motion for summary judgment and its grant of the defendant’s motion for summary judgment. Dunavant v. Sirote &...more

No Need for Foreclosing Trustee To Record New Notice of Sale upon Third-Time Postponement, Nevada Supreme Court Holds

Ballard Spahr LLP on 4/9/2015

The Nevada Supreme Court recently interpreted a statute that governs the manner in which a foreclosing trustee can postpone a trustee’s sale. At issue was whether a trustee must record a new notice of sale upon orally...more

Real Property, Financial Services & Title Insurance Update: September 2014 #2

Carlton Fields on 9/23/2014

REAL PROPERTY UPDATE - - Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more

Illinois Case Law and Legislation Update

Levenfeld Pearlstein, LLC on 8/26/2014

Effective January 1, 2015, Section 18.4 of the ICPA was amended to permit a condominium Board of Directors to adopt and amend its rules and regulations to allow for electronic delivery of notices and other communications...more

Loan Servicer Properly Identified as Party with Authority To Negotiate Mortgage Terms in Foreclosure Notice, Georgia Court Holds

Ballard Spahr LLP on 6/20/2014

A recent decision by the Georgia Court of Appeals helps to add further clarity to the state’s foreclosure notice statute. The statute, which was amended in 2008, requires that the written notice of a foreclosure sale “shall...more

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Foreclosure › Written Notice

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