News & Analysis as of June 5, 2025

Appeals

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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 -

Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction

McGlinchey Stafford on 2/5/2025

Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more

Florida Court Confirms Substantial Compliance Standard Concerning Foreclosures

Carlton Fields on 10/6/2015

The Florida Second District Court of Appeal recently issued a long-awaited opinion in Green Tree Servicing v. Milam. Until this decision, the district courts in Florida had not spoken directly on the issue of whether strict...more

Eleventh Circuit: No Wrongful Foreclosure Claim Under Georgia Law Where Foreclosure Was Result of Borrowers’ Default

Burr & Forman on 7/16/2015

In Haynes v. McCalla Raymer, LLC, No. 14–14036, __ F. 3d __, 2015 WL 4188459 (11th Cir. July 13, 2015), the Eleventh Circuit Court of Appeals affirmed the Northern District of Georgia’s grant of summary judgment in favor of...more

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Foreclosure › Compliance › Appeals

Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction

Florida Court Confirms Substantial Compliance Standard Concerning Foreclosures

Eleventh Circuit: No Wrongful Foreclosure Claim Under Georgia Law Where Foreclosure Was Result of Borrowers’ Default

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