News & Analysis as of

Wrongful Foreclosures

McGlinchey Stafford

Alabama Supreme Court Decision: Former Mortgagees are Necessary and Indispensable Parties in Ejectment Action with Wrongful...

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In April 2024, the Alabama Supreme Court issued an opinion in Alavest, LLC v. Harris that significantly expands the application of Rule 19 of the Alabama Rules of Civil Procedure to post-foreclosure proceedings when it held...more

Patton Sullivan Brodehl LLP

A Lis Pendens Recorded Before a Trustee’s Sale is a “Cloud on Title” that Might Thwart an Unlawful Detainer Claim

In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which the Court held: “an owner that acquires title to property under a power of sale...more

King & Spalding

Pennsylvania Bankruptcy Court Finds That Consent and Release Do Not Protect Against Wrongful Foreclosure Claim

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On September 19, 2022, the U.S. Bankruptcy Court for the Western District of Pennsylvania found that secured lenders could not “hide behind” a consent and a release to avoid the review of the commercial reasonableness of a...more

Lasher Holzapfel Sperry & Ebberson PLLC

Warning to Washington Corporations: Refusal to Engage and Assist Customers in a Valid Dispute May Prove Costly in Court

In February 2022, Washington’s Court of Appeals for Division III reached a decision awarding attorney’s fees and costs for prelitigation bad faith in a matter of first impression for Washington courts. In Dalton v. North...more

Jaburg Wilk

Speak Up Now or It's Too Late

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Everybody is familiar with the part of a wedding where the audience is given an opportunity by the person officiating to express why the couple about to be married should not proceed with the ceremony, telling all present to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 22, 2020

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Real Property Update - Wrongful Foreclosure: Borrower could not sustain wrongful foreclosure claim against lender where certificate of sale had been vacated and certificate of title was never issued – Jallali v. Christiana...more

Balch & Bingham LLP

A Personal Guarantor Who Does Not Have an Interest in the Property Secured by the Debt Lacks Standing to Assert Wrongful...

Balch & Bingham LLP on

In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because the guarantor did not own the...more

Patton Sullivan Brodehl LLP

A Loan In Default Can Still Be Assigned

Borrowers looking to invalidate a foreclosure sale often come up with interesting theories. One frequent strategy is to attack the validity of a prior assignment of the underlying note and deed of trust. As explained in...more

Patton Sullivan Brodehl LLP

Trustee Has No Duty to “Verify” Validity of Loan Assignment Before Foreclosure

A trustee in charge of administering a trust has many duties. A trustee appointed pursuant to a deed of trust, however, is different.  The duties of a deed of trust trustee are exceptionally narrow. A recent opinion...more

Patton Sullivan Brodehl LLP

The Tender Rule — Reinstatement and Redemption are Different

Under California’s “tender rule,” a borrower suing to halt or unwind a wrongful foreclosure sale generally must allege that it tendered the amounts due on the loan before the sale. The rationale underlying the tender rule is...more

Patton Sullivan Brodehl LLP

The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters

For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful foreclosure based on defective assignments of the note or deed...more

Butler Snow LLP

Sixth Circuit Offers Perspective on Federal Removal and Wrongful Foreclosure in Mortgage Litigation

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In Beasley v. Wells Fargo Bank, N.A., 2018 WL 3478882 (6th Cir. July 19, 2018), the United States Court of Appeals for the Sixth Circuit provided clarification on certain aspects of removing a case from state court to federal...more

Snell & Wilmer

What Types of “Damages Claims” Survive a Trustee’s Sale?

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Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more

Arnall Golden Gregory LLP

AGG Litigation Insights Newsletter - Summer 2016

Even for companies accustomed to civil lawsuits, when the government is on the other side of the “v,” the prospect of litigation can be intimidating and unfamiliar. In this issue of the Litigation Newsletter, we explore how...more

Balch & Bingham LLP

Eleventh Circuit Affirms Jury Verdict Against Mortgage Servicer for Extreme and Outrageous Conduct

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Following the Eleventh Circuit’s decision last month in McGinnis v. American Home Mortgage Servicing, Inc., No. 14-13404, mortgage servicers should be aware that failing to recognize and correct miscalculations of a...more

Locke Lord LLP

California Court Issues Decision Limiting the Reach of the Yvanova Decision

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On March 16, 2016, California’s Fourth Appellate District issued its opinion in Saterbak v. JPMorgan Chase Bank, N.A., Case No. D066636, finding that a borrower does not have standing to challenge an assignment of her Deed of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Opens Door For Wrongful Foreclosure Lawsuits and Challenges to Transfers of Mortgages: Practical...

In Yvanova v. New Century Mortgage Corporation et al, the Supreme Court of California reversed the Court of Appeal’s ruling, and held that a borrower plaintiff who has been subject to a nonjudicial foreclosure has standing to...more

Ballard Spahr LLP

Borrower Has Standing To Challenge Foreclosure Sale Based on Late Assignment of Deed of Trust, Calif. Supreme Court Rules; Many...

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The California Supreme Court has unanimously ruled in Yvanova v. New Century Mortgage Corp. that a homeowner has standing to bring a wrongful foreclosure action after a completed nonjudicial foreclosure sale on the grounds...more

Goodwin

California Supreme Court Rules in Yvanova That Borrowers May Have Standing To Allege Certain Defects In Assignments

Goodwin on

Do borrowers have standing to challenge a non-judicial foreclosure on the ground of alleged defects in an assignment from the original lender to a successor? This is a question that has divided courts, both in California and...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

Locke Lord LLP

California Supreme Court Finds Borrowers Have Standing To Challenge “Void” Assignment Of Loan After Foreclosure Sale

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On February 18, 2016, the California Supreme Court issued its eagerly anticipated decision inYvanova v. New Century Mortgage Corporation, et al., Case No. S218973, finding that a borrower has standing to state a claim for...more

Perkins Coie

California Supreme Court Holds That Borrowers May Bring Wrongful Foreclose Actions Challenging Deed Of Trust Assignments

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On February 18, 2016, the California Supreme Court held that borrowers may bring wrongful foreclosure claims based on challenges to an assignment of the note and deed of trust to a securitized trust. The supreme court’s...more

Hinshaw & Culbertson LLP

California Supreme Courts Holds that Borrowers Can State a Claim for Wrongful Foreclosure Based on a Void Assignment of the Loan;...

In recent years, the plaintiffs' bar for borrowers resisting foreclosures has pushed the theory that a claim can be stated for wrongful foreclosure where a loan was transferred into a securitized trust after the closing date...more

Dorsey & Whitney LLP

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

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A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates...more

Dorsey & Whitney LLP

The Moronta Decision in Massachusetts – Determining A Borrower’s Ability To Repay

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A recent decision by the Massachusetts Court of Appeals highlights some of the challenges lenders may face when seeking the dismissal of allegations of unfair and deceptive lending practices in connection with a loan that...more

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