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 -
Carlton Fields

Florida Appeals Court Decisions Week of April 6 - 10, 2026

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U.S. Eleventh Circuit Court of Appeals - Dish Network v. Fraifer - copyright infringement - Hayes v. OWCP - Black Lung Benefits Act, “year” - Faulk v. Dimerco Exp - § 1983, racial discrimination, improper arguments,...more

Orrick, Herrington & Sutcliffe LLP

OCC releases updated mortgage metrics for Q4 2025

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On March 30, the OCC released its “Mortgage Metrics Report,” for the fourth quarter of 2025, covering the performance of approximately 10.3 million first-lien mortgages totaling $2.6 trillion in principal balances or roughly...more

Freiberger Haber LLP

For Whom the Interest Tolls

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A significant part of the amounts due to a lender in a mortgage foreclosure action is interest on the outstanding principal. Sometimes the actions (or inaction) of a lender can result in significant reductions in the amount...more

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit affirms TILA dismissal, revives FDCPA claim

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On March 23, the U.S. Court of Appeals for the 8th Circuit affirmed in part, vacated in part, and remanded in a case arising from a Minnesota nonjudicial foreclosure, upholding the dismissal of a TILA claim against a national...more

Ropes & Gray LLP

Distressed Debt Legal Insights: Consensual Foreclosure as an Alternative to Formal Restructuring

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Welcome to Distressed Debt Legal Insights, Ropes & Gray’s periodic source of timely insights for professionals navigating the complex world of liability management and special situations finance. In this issue we discuss...more

Bodman

U.S. Supreme Court Examines How to Value “Just Compensation” in Tax Foreclosures

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This case builds on the Court’s 2023 decision in Tyler v. Hennepin County, which held that governments may not keep surplus equity beyond what is owed in unpaid property taxes. ...more

Freiberger Haber LLP

The Appellate Division, First Department, Holds That FAPA’s Retroactive Application Does Not Invalidate Stipul

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On March 17, 2026, the Appellate Division, First Department, decided HSBC Bank USA, N.A. v. Nicholas, a mortgage foreclosure action that addresses many of the issues raised in our prior BLOG articles. HSBC involves the...more

Snell & Wilmer

FinCEN Residential Real Estate Reporting Rule Now in Effect

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Effective March 1, 2026, the Financial Crimes Enforcement Network (FinCEN) requires federal reporting of certain residential real estate transactions under the new Residential Real Estate Reporting Rule (31 CFR § 1031.320)....more

Orrick, Herrington & Sutcliffe LLP

Massachusetts secures $2.25M settlement in case over alleged predatory lending scheme

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On March 11, the Massachusetts attorney general announced her office filed a $2.25 million proposed settlement agreement in Suffolk County Superior Court to resolve allegations that a real estate company and its CEO engaged...more

Troutman Pepper Locke

Receivership Law May Streamline Real Estate Sales In Illinois

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On Aug. 1, Gov. JB Pritzker signed into law the Illinois Receivership Act, making Illinois the 16th state to adopt the Uniform Law Commission‘s Uniform Commercial Real Estate Receivership Act. Originally published in...more

White & Case LLP

Spanish Supreme Court Upholds Contractually Agreed Events Of Default In Financing Agreements

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Under Spanish law, the right to terminate a contract (including the possibility to early terminate a financing agreement) has traditionally been subject to a materiality threshold. Case law has cast significant doubt on...more

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Hears Arguments in Pung v. Isabella County

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On February 25, 2026, the Supreme Court of the United States heard oral argument in Pung v. Isabella County, Michigan, No. 25-95, a case that could materially reshape the constitutional framework governing tax lien...more

Carlton Fields

Florida Appeals Court Decisions Week of February 9 - 13, 2026

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U.S. Eleventh Circuit Court of Appeals - O’Neal v. Am Shaman - FLSA, settlement, litigation bar - USA v. Mullings - plea withdrawal, sentencing - USA v. Hicks - felon with firearm, sentencing No decisions this...more

Hudson Cook, LLP

DOJ and State of Texas Announce Joint Settlement with a Private Land Developer for Allegedly Discriminating against Hispanic...

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DOJ and State of Texas announced a $68 million settlement of ECOA and FHA claims against a private land developer (the "Developer") concerning an alleged pattern or practice of discriminatory lending practices and high...more

Harris Beach Murtha

Second Department Resolves CPLR § 205(a) Six-Month Grace Period

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In a recent decision, HSBC Bank USA, N.A. v. Hillaire, No. 2024-02731 (Jan. 28, 2026), New York’s Appellate Division, Second Department, addressed the date an action “terminates” for purposes of the six-month grace period on...more

Orrick, Herrington & Sutcliffe LLP

New York moves to dismiss putative class action over state’s foreclosure law

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Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more

Ballard Spahr LLP

HUD Revised Foreclosure Bidding Process for FHA Loans

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The U.S. Department of Housing and Urban Development (HUD) recently revised the requirements for bidding at a foreclosure sale and for utilizing Claims Without Conveyance of Title (CWCOT), including Post-Foreclosure Sales...more

Weintraub Tobin

Tenant’s Overlooked Risk: Landlord Default

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In the balance of power between landlords and tenants, the risk of default is usually higher for the tenant. While many landlords have accrued wealth and invested in low-risk assets, many tenants are embarking on a new...more

Kohrman Jackson & Krantz LLP

Downtown Cleveland Real Estate: Understanding & Managing an “Upside Down” Market

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Today, dozens of buildings in downtown Cleveland are distressed or are “upside down,” meaning that the properties in operation are having difficulty paying or are behind in paying their mortgages. Commercial mortgage loans...more

King & Spalding

California Appellate Court Affirms Summary Judgment for Lender and Enforces Limitation-of-Liability Provision

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A California appellate court affirmed summary judgment for a lender in a breach-of-contract action based on a limitation-of-liability provision in the operative loan agreement....more

Cadwalader, Wickersham & Taft LLP

Possession With Intent to Foreclose

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In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank (“Plaintiff”) had standing to foreclose and demonstrated through admissible business records that...more

Falcon Rappaport & Berkman LLP

When the Automatic Stay Is Not Automatic: Bankruptcy Court Upholds Foreclosure Sale Under 11 U.S.C. § 109(g)

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In a recent decision from the United States Bankruptcy Court for the Eastern District of New York, In re Frederica West (January 7, 2026; 24-44469), Bankruptcy Judge Elizabeth S. Stong clarified the limits of the automatic...more

Patton Sullivan Brodehl LLP

The “Sham Guaranty” Defense is Not Easy to Establish

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Under California anti-deficiency law, borrowers enjoy robust protections.  Guarantors — not so much.  The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)...more

Lasher

Common Mistakes that Render a Construction or Mechanics’ Lien Invalid

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Washington’s construction lien statutes provide contractors with remedies to secure payment from property owners for furnished labor and/or materials. These statutory requirements are strictly enforced, and even minor...more

Patton Sullivan Brodehl LLP

Does foreclosure extinguish a recorded density bonus agreement?

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California’s density bonus law (Government Code sections 65915-65918) rewards a developer who agrees to build a certain percentage of low-income housing with the opportunity to build more residences than would otherwise be...more

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