News & Analysis as of June 1, 2025

Foreclosure › Declaratory Judgments

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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 -

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

King & Spalding on 5/16/2025

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

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

Davis Wright Tremaine LLP on 3/27/2025

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

Patent Infringement Suit Against Indemnitee Forecloses IPR Petition by Indemnitor

Akin Gump Strauss Hauer & Feld LLP on 5/31/2024

The Patent Trial and Appeal Board denied institution of a petition for inter partes review under 35 U.S.C. § 315(b) because the petition was filed more than one year after patent owner had served a complaint for patent...more

Florida Appellate Court Bolsters Statutory HOA Safe Harbor

Bradley Arant Boult Cummings LLP on 4/26/2016

A significant opinion from the Florida Third District Court of Appeal further clarifies the extent of the Florida statutory homeowners association (HOA) “safe harbor.” In the end, entities that obtain title through judicial...more

Difficulties Foreclosing in Massachusetts

Harris Beach Murtha PLLC on 4/22/2016

Foreclosing a mortgage in Massachusetts can be a pain. Among the many, very technical requirements, a foreclosing mortgagee must be able to prove that it is the holder, or the authorized representative of the holder, of the...more

Recent Arizona Case Law and Other Developments Affecting Real Estate Lending

Clark Hill PLC on 4/14/2016

Recent Arizona Case Law - Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLC (AZ Court of Appeals 2016). The borrowers signed a $28.6 million note and DOT to CIBC. The note required interest-only payments with a...more

Appellate Court Notes

Pullman & Comley, LLC on 12/15/2015

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

Owner Permitted to Redeem Property from Tax Claim Bureau

Cozen O'Connor on 6/30/2014

A panel of the Commonwealth Court held that the Westmoreland Tax Claim Bureau had the discretion under the Real Estate Tax Sale Law (RETSL) to allow an owner of a tax delinquent property (Rowe) to redeem the property through...more

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Foreclosure › Declaratory Judgments

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