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Mortgages › Action to Quiet Title

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Rivkin Radler LLP

The Title Reporter — Fall 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the...more

Rivkin Radler LLP

The Title Reporter — Summer 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and...more

Patton Sullivan Brodehl LLP

Relying on a Void Quiet Title Judgment

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Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title judgment is later declared void as long as the third party qualifies as a...more

Snell & Wilmer

Mortgagee-Protection Clauses Are Not Dead in Nevada Nonresidential Property Owners’ Associations

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For the last several years, there has been a tremendous amount of litigation in Nevada arising from residential foreclosure sales conducted by homeowners’ associations (HOA). The main issue in those cases has been whether the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 14, 2020

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Real Property Update - Foreclosure / Standing: Where plaintiff was substituted in as a party plaintiff after original note was filed with the court, introduction of original note bearing blank indorsement into evidence at...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 24, 2020

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Real Property Update - Quiet Title / Motion to Dismiss: Trial court not permitted to consider or take judicial notice of amended lis pendens and partial release of mortgage that were outside the counterclaim to which a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 3, 2020

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Real Property Update - Quiet Title: Trial court abused discretion by entering final judgment quieting title when jury did not determine (1) whether plaintiffs were entitled to legal or equitable title or (2) which deed was...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: July 22 - August 9, 2019

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Real Property Update - Quiet Title / Extinguishment: mortgage merged and ceased to be an encumbrance when the mortgage on land and the equity of redemption in the same land become united in the same person - Young Land...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending June 15 & 22, 2018

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REAL PROPERTY UPDATE - - Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

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REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

Bradley Arant Boult Cummings LLP

Recovery of Real Property in South Carolina After a Tax Sale

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Acme Bank has a problem. Acme loaned $480,000 for the purchase of a beach house on Sullivan’s Island, South Carolina, securing the debt with a recorded mortgage. Six months ago, the bank received a letter from the county tax...more

Ballard Spahr LLP

Maryland District Court Without Jurisdiction to Consider Borrower’s Collateral Attack on State Foreclosure Action

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Federal courts lack jurisdiction to consider borrowers' claims that arise out of a state court foreclosure proceeding, the U.S. District Court for the District of Maryland recently ruled. Parker v. Investire involved claims...more

Blank Rome LLP

CA Supreme Court Unanimously Holds that a Mortgage Loan Borrower Has Standing to Sue for Wrongful Foreclosure due to Allegedly...

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Action Item: In a ruling last week, the California Supreme Court supported Glaski and issued a narrow holding that, post-foreclosure, borrowers have standing to assert wrongful foreclosure based on allegations that an...more

Pullman & Comley, LLC

Appellate Court Notes

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- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Burr & Forman

United States District Court Follows Bartram, Evergrene Partners, Rejects Beauvais as Outlier

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In LNB-017-13, LLC v. HSBC Bank USA, N.A., 14-cv-24800-UU, 2015 WL 1546150 (S.D. Fla. April 7, 2015), Judge Ursula Ungaro revisited the familiar topic of the statute of limitations for mortgage foreclosure and previously...more

Carlton Fields

Florida: Note and Mortgage Still Enforceable After Dismissal of Foreclosure Action

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Unsuccessful mortgage foreclosure actions have resulted in a new wave of "quiet title" lawsuits brought by borrowers attempting to have their notes and mortgages deemed void and unenforceable. However, the federal district...more

Snell & Wilmer

Can an HOA "Super-Priority" Lien Extinguish a Lender's Deed?

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It is hard to imagine that a lender’s first-position deed of trust on a residence worth hundreds of thousands of dollars could be extinguished by a homeowners’ association (HOA) lien for overdue neighborhood assessments,...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Updates

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I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: November 19, 2013

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I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - Foreclosure/Rehearing: trial court’s order denying motion to vacate foreclosure sale considered final order separate from final judgment of foreclosure and was subject to...more

Saul Ewing Arnstein & Lehr LLP

New Jersey Homeowners Now Using Quiet Title Actions to Affirmatively Challenge a Party’s Standing to Foreclose

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On November 4, 2013, the New Jersey Appellate Division in Suser v. Wachovia Mortgage, FSB, et al. affirmed a homeowner’s right to file a prospective quiet title action to affirmatively challenge a bank’s standing to foreclose...more

Ballard Spahr LLP

Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures

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In recent months, homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. HOAs are a part of everyday life for homeowners and lenders in Nevada, but the recent trend of HOA...more

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