News & Analysis as of

Notice of Default

Pierce Atwood LLP

Maine Law Court Reverses Rule Barring Foreclosure After a Deficient Notice of Default

Pierce Atwood LLP on

In a monumental and overdue shift in foreclosure jurisprudence, in Finch v. U.S. Bank, N.A., 2024 ME 2,---A.3d---, the Law Court overruled its holding in Pushard v. Bank of America, N.A., 2017 ME 230, 175 A.3d 103, which...more

Cozen O'Connor

Cozen Cities - August 23, 2023

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CHICAGO — Chicago City Council to Consider Regulating Rideshares- Members of Mayor Brandon Johnson’s administration have been involved in the discussions, but Alderman Mike Rodriguez is taking the lead on the effort to...more

Dechert LLP

Are Lockbox Lenders Subject to Implied Duties?

Dechert LLP on

Recently, in In re Moon Group Inc., a bankruptcy court said no, but the district court, which has agreed to review the decision on an interlocutory appeal, seems far less sure. The bankruptcy court held that a lockbox...more

Freiberger Haber LLP

Proper Evidentiary Support for Compliance with RPAPL 1304 Remains an Issue for Foreclosing Lenders

Freiberger Haber LLP on

Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. By way of background, and as previously noted in the Blog, RPAPL 1304 requires that at least...more

Robinson+Cole Construction Law Zone

Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s...

Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to...more

Hinshaw & Culbertson - Consumer Crossroads

First Circuit Expands Strict Compliance Review of a Pre-Foreclosure Notice of Default Beyond Disclosure of a Borrower's Rights

An ever-expanding review of pre-foreclosure notices of default experienced its latest chapter in the First Circuit's recent decision reversing dismissal of suit in Aubee v. Selene. In Aubee, the borrowers challenged the...more

Lerch, Early & Brewer

Revocation of Revocable Trust was Fraudulent Transfer

Lerch, Early & Brewer on

In JPMorgan Chase Bank, N.A. v. Winget, the United States Court of Appeals for the Sixth Circuit addressed whether Larry Winget (Winget) could revoke the Larry J. Winget Living Trust (Trust) to make the assets unreachable to...more

Cozen O'Connor

Coops Now Exempt from the 2019 Housing Stability and Tenant Protection Act

Cozen O'Connor on

On December 22, 2021, Governor Hochul signed into law legislation that exempts most private cooperatives (coops) from the 2019 Housing Stability and Tenant Protection Act (HSPTA). In our September 5, 2019 Alert, we...more

Cole Schotz

Project Owners and General Contractors Take Note: Notice-to-Cure Provisions for Termination of Construction Contracts Cannot Be...

Cole Schotz on

Construction contracts generally outline various scenarios in which a party can terminate the contract. In one common scenario, a contractor is permitted to terminate its subcontractor “for cause” if the subcontractor...more

Lewitt Hackman

Franchisor 101: Pizza Termination in 30 Days or Less

Lewitt Hackman on

An area developer entered into three agreements with a pizza franchisor and developed 50 franchises in Texas. The franchisor, Pizza Inn, Inc., tried to terminate all three contracts, though each had a twenty-year initial term...more

Manatt, Phelps & Phillips, LLP

Applying Facebook, Court Tosses Suit Over ATDS Allegations

Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act (TCPA) suit, finding that the plaintiff failed to sufficiently allege the...more

Bradley Arant Boult Cummings LLP

New York Clarifies Mortgage Loan Acceleration and De-Acceleration: Starting and Stopping the Limitations Clock

On February 18, 2021, the New York Court of Appeals’ consolidated resolution of four cases that answered two critical questions concerning the application of the statute of limitations in New York mortgage foreclosure...more

Lewitt Hackman

Franchisee 101: No Legal Cure for Serial Defaults

Lewitt Hackman on

A federal court in Michigan granted 7-Eleven’s motion for summary judgment, enforcing the franchisor’s right to terminate a franchisee with repeated defaults, even though each default had been cured. 7-Eleven’s franchise...more

Patton Sullivan Brodehl LLP

Quieting Title After a Failed Deed in Contemplation of Marriage

Claims for quieting title to real property can be governed by different statutes of limitations periods. But a common issue in quiet title cases is when the statute of limitations period starts running....more

BCLP

Nevada Supreme Court Affirms That Rescission of Default Is Effective To Deaccelerate Mortgage Loan

BCLP on

In November 2020, the Nevada Supreme Court denied en banc reconsideration of its unpublished decision in Glass v. Select Portfolio Servicing. The Glass decision confirmed that a rescission of a recorded notice of default...more

Bowditch & Dewey

A Victory For Lenders – The Massachusetts Supreme Judicial Court Holds That a Pre-foreclosure Notice of Default and Right to Cure...

Bowditch & Dewey on

The Massachusetts Supreme Judicial Court’s recent decision in Thompson v. JPMorgan Chase Bank, N.A., — N.E.3d —-, 2020 WL 7238390, at *4 (1st Cir. Dec. 9, 2020) represents a substantial victory for the financial services...more

Hinshaw & Culbertson - Consumer Crossroads

In a Win for Mortgage Servicers, Massachusetts Supreme Court Finds Mandatory Notice of Right to Cure in Notice of Default is Not...

Massachusetts moved one step closer to resolving an ongoing debate over pre-foreclosure notices of default that started with the First Circuit's decision in Thompson v. JPMorgan Chase Bank back in February of 2019. Initially,...more

Patton Sullivan Brodehl LLP

A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”

Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not “disturb possession” sufficiently to start the...more

Pierce Atwood LLP

Challenging Interlocutory Decisions on Appeal – What Not to Do

Pierce Atwood LLP on

The Law Court recently issued a short decision, Wilmington Savings Fund Society, FSB v. Abildgaard, which provides a reminder of the importance of taking the appropriate steps at trial to ensure that interlocutory orders can...more

Farrell Fritz, P.C.

Plaintiffs Cannot Rely on the Doctrine of Anticipatory Repudiation As Plaintiffs Are Already in Material Breach of the Contract

Farrell Fritz, P.C. on

A life lesson you likely heard growing up applies to contracts: take a hard look at yourself before criticizing others. By the same token, a party who is in material breach of a contract cannot succeed on a claim alleging an...more

Kramer Levin Naftalis & Frankel LLP

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...more

Holland & Knight LLP

Dealing with Condominium Construction Loan Defaults

Holland & Knight LLP on

Numerous reports have documented the softening condominium market in New York and other large cities resulting from the excess capacity of expensive units. The softening could lead to developers not meeting their repayment...more

Holland & Knight LLP

New Tenant Protection Law Affects Conversions of Rental Buildings in New York - Law Also Impacts Proprietary Leases, Subleases and...

Holland & Knight LLP on

• New York's Housing Stability and Tenant Protection Act of 2019, which was enacted and became effective on June 14, 2019, will have a sizable impact on a landlord's ability to convert buildings to cooperatives and...more

Lewitt Hackman

Franchisor 101: Lesson in License Agreements

Lewitt Hackman on

The U.S. Sixth Circuit Court of Appeals upheld summary judgment for franchisor Buffalo Wild Wings (“BWW”) rejecting a restaurant operator’s counterclaims for wrongful termination, malicious prosecution, and breach of...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

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