News & Analysis as of

Foreclosure Sales Appeals

Miller Canfield

Michigan Court of Appeals Holds That Development Agreement Obligations are Extinguished in Tax Foreclosure

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The Michigan Court of Appeals recently held that assessments on a property under a development agreement between a city and the property's former owner did not survive a tax foreclosure and therefore were not liens against...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

Dechert LLP

Mezzanine Foreclosures in the Time of Coronavirus

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A recent New York County Supreme Court decision has temporarily halted a mezzanine UCC foreclosure sale by granting the borrower’s request for a stay based on allegations that the terms of the mezzanine foreclosure were not...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 17

McGlinchey Stafford on

Gavida v. Specialized Loan Servicing LLC, Case No. 2D19-1069 (Fla. 2d DCA 2020). Inadequacy of consideration, surprise, accident, mistake imposed on complainant, together with irregularity in the conduct of the sale, are...more

Rosenberg Martin Greenberg LLP

"No Harm, No Foul:” Suit to Set Aside Foreclosure Sale for Failure to Comply With Deed of Trust Doomed By Failure to Allege That...

The opinion of the Virginia Supreme Court of Appeals in Young-Allen v. Bank of America provides both hope for lenders frustrated by borrowers who delay inevitable foreclosure sales by requiring the lender to comply with every...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

Hudson Cook, LLP

Don't Assume What a Court Will Assume About Your Contract

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It's often difficult to predict how a court will interpret text, whether the text is part of a statute, a regulation, or a contract. Sure, courts have tools to aid their interpretations, but how a court will apply those tools...more

Patton Sullivan Brodehl LLP

CC&R “Subordination” Provisions and Lien Priority

In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule, different liens on the same property have priority according to...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

Ward and Smith, P.A.

Federal Tax Liens In Foreclosure Proceedings

Ward and Smith, P.A. on

Henkel v. Triangle Homes is a North Carolina Court of Appeals case with dueling tax foreclosure proceedings involving the same property. One foreclosure proceeding was for unpaid municipal taxes and the other for unpaid...more

Eversheds Sutherland (US) LLP

If At First You Don’t Succeed - Georgia Supreme Court Upholds Waiver of Confirmation After Prior Confirmation Action Denied

On April 17, 2017, the Supreme Court of Georgia found that defendant guarantors had waived the statutory protections under the Georgia foreclosure confirmation statute, and the lender could pursue a deficiency judgment...more

Lewitt Hackman

Initiating Unlawful Detainer Actions: Perfection Not Required

Lewitt Hackman on

In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more

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