News & Analysis as of September 20, 2024

Mortgages › Fraudulent Concealment

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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 +

Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment

Freiberger Haber LLP on 8/28/2023

On August 23, 2023, the Appellate Division, Second Department issued two decisions that briefly touched upon fraud causes of action: Hershman v. Bank of N.Y. Mellon, 2023 N.Y. Slip Op. 04369 (2d Dept. Aug. 22, 2023) (here),...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

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

Carlton Fields on 2/14/2018

Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Appellate Court Holds HUD Regulations Don’t Provide Private Right of Action Unless Incorporated into Written Agreement

Ballard Spahr LLP on 8/9/2016

A federal appeals court recently decided that a plaintiff could not assert a claim against the issuer of a reverse mortgage for breach of regulations issued by the U.S. Department of Housing and Urban Development (HUD), when...more

Court of Appeals Holds Plaintiff Stated Claim for Void Mortgage Based on Allegations of Improper Notarization

Burr & Forman on 4/23/2015

In Etta Lowery v. Wells Fargo Home Mortgage, No. 2131060, 2015 WL 1525153 (Ala. Civ. App. Apr. 3, 2015), the Alabama Court of Civil Appeals reversed the trial court’s judgment on the pleadings entered in favor of...more

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