News & Analysis as of

Foreclosure

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of... more +
Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -
Hinshaw & Culbertson - Consumer Crossroads

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

Hinshaw & Culbertson - Consumer Crossroads on

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years,...more

Holland & Knight LLP

New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively

Holland & Knight LLP on

The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Troutman Pepper Locke

FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review

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The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for...more

King & Spalding

Minnesota Court Allows Counterclaims Against Credit Union

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On March 10, 2025, a Minnesota state court judge granted in part and denied in part a credit union’s motion for summary judgment—and granted the defendants’ motion for leave to assert counterclaims against the credit union—in...more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

King & Spalding

S.D.N.Y. Rejects Borrower’s Equitable Defenses to UCC Foreclosure Sale

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On March 3, 2025, the U.S. District Court for the Southern District of New York granted a lender’s motion for declaratory judgment to order a borrower to recognize the effect of a non‑judicial UCC foreclosure sale. The court...more

Freiberger Haber LLP

The Second Department Holds That Lender Cannot Use CPLR 3215(c) to Avoid Dismissal of Foreclosure Action Despite Death of Borrower

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Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more

Shipman & Goodwin LLP

Strategic Alternatives: Mastering Deeds-in-Lieu, Friendly Foreclosures and Navigating Bankruptcy Scenarios

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While traditional enforcement often requires judicial intervention, alternative resolution strategies can deliver superior outcomes with reduced costs, compressed timelines, and diminished reputational impact. Understanding...more

Shipman & Goodwin LLP

When Workouts Fail: Strategic Enforcement to Maximize Recovery

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Our new insightful and informative series, “Protecting Lenders: Strategic Responses to Borrower Default," is designed to provide comprehensive guidance on managing borrower defaults effectively. This four-part series covers...more

Shipman & Goodwin LLP

Workouts That Work: Strategic Alternatives to Foreclosure

Shipman & Goodwin LLP on

Our new insightful and informative series, “Protecting Lenders: Strategic Responses to Borrower Default," is designed to provide comprehensive guidance on managing borrower defaults effectively. This four-part series covers...more

Cadwalader, Wickersham & Taft LLP

Firmly Fixated With Allonges - REF News & Views

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In a recent decision by the Supreme Court of the State of New York in Kings County (the Court), HSBC Bank USA, N.A. (the Plaintiff) initiated a mortgage foreclosure action against Jack and Sabah Srugo (collectively, the...more

Patton Sullivan Brodehl LLP

Immunity for Deed of Trust Foreclosure Trustees — Absolute or Qualified?

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Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust are privileged under Civil Code section 47. The...more

Bradley Arant Boult Cummings LLP

One Domino Falls: Tennessee Supreme Court Reshapes Foreclosure Claims

Bradley Arant Boult Cummings LLP on

With its long-awaited opinion in Terry Case v. Wilmington Trust, the Tennessee Supreme Court ushered in a sea change concerning constitutional standing in the state and clarified that Tennessee law does not recognize an...more

Mayer Brown

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

Mayer Brown on

In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow...more

Bricker Graydon LLP

Land banking after Tyler: No government taking where there’s a process (so says federal 6th Cir.)

Bricker Graydon LLP on

Land banking advocates across the country took notice of the U.S. Supreme Court’s decision in Tyler v. Hennepin County that found a “government taking” occurred when a Minnesota county sold a tax-foreclosed home to recover...more

Proskauer Rose LLP

Private Credit Restructuring: Strict Foreclosure Spotlight

Proskauer Rose LLP on

Chapter 11 is expensive and not always the right tool, particularly for a restructuring of a company with a broken balance sheet, as compared to a business with a broken business model. We have seen a significant uptick in...more

Gray Reed

Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment

Gray Reed on

In Bush v. Yarborough Oil & Gas, LP a decades-old tax foreclosure judgment did not affect a previously severed mineral interest not owned by the delinquent taxpayer. The mineral owners were neither named nor served in the...more

Freiberger Haber LLP

RPAPL 1501(4) and the Mortgagee in Possession Doctrine

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Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums expended to preserve and maintain an allegedly abandoned...more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

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In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Bradley Arant Boult Cummings LLP

Veterans Affairs Ending Mortgage Rescue Program

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On April 3, 2025, the U.S. Department of Veterans Affairs (VA) announced it will end the Veterans Affairs Servicing Purchase (VASP) program on May 1, 2025. This decision comes just shy of one year since the program’s...more

Patton Sullivan Brodehl LLP

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

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The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

Cadwalader, Wickersham & Taft LLP

Stop! In the Name of Love…Err States’ Rights?

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A recent decision by the United States District Court for the Northern District of New York (the “Court”) concluded that a federal court cannot prevent a state court foreclosure pursuant to the abstention doctrine set out by...more

Troutman Pepper Locke

Arizona AG Pursues Fraudulent Real Estate Scheme Targeting Alleged Fraudsters, Title Companies, Attorneys, and Law Firms

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On March 7, Arizona Attorney General (AG) Kristin Mayes filed a novel lawsuit alleging consumer fraud and racketeering against numerous entities, individuals, and even law firms and title companies involved in the residential...more

Davis Wright Tremaine LLP

How Can an Owner Discharge a Mechanic's Lien After It Expires?

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Mechanic's liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien...more

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