News & Analysis as of September 18, 2024

Mortgages › Evidence

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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 +

New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay...

Hinshaw & Culbertson - Consumer Crossroads on 6/3/2021

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the...more

Separate Property and Arizona Marital Community Equitable Lien Rights

Jaburg Wilk on 1/23/2017

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Real Property & Title Insurance Update: Week Ending April 1, 2016

Carlton Fields on 4/6/2016

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

Admissibility of Prior Servicer Business Records

Burr & Forman on 6/24/2015

In Sas v. Federal National Mortgage Ass’n., No. 2D14-1003, 2015 WL 3609508 (Fla. 2d DCA June 10, 2015) the appellate court was faced with the issue of whether there was a requirement that the records custodian of the current...more

New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations

Bradley Arant Boult Cummings LLP on 6/9/2015

After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used by parties seeking deficiency...more

Proposed Changes to Proof of Claim Procedure Require Mortgagees to Provide More Information in Less Time

Pierce Atwood LLP on 11/7/2014

On August 15, 2014, the Judicial Conference Advisory Committee on Rules of Practice and Procedure published a preliminary draft of proposed amendments to the Federal Rules of Bankruptcy Procedure and Official Forms. If...more

Big Year For Published Eminent Domain Decisions

Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

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