News & Analysis as of September 20, 2024

Foreclosure › Insurance Litigation

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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 -

New York Insurance Coverage Law Update - March 27, 2024

Rivkin Radler LLP on 3/28/2024

Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more

New York Federal Court Finds Insured’s Failure to Provide Notice of Subpoena Did Not Bar Coverage for Later Lawsuit

Carlton Fields on 4/9/2020

Applying New York law, the U.S. District Court for the Southern District of New York held that because a subpoena duces tecum previously issued to the insured by a post-judgment creditor of a non-insured entity was not a...more

Real Property & Title Insurance Update: Week Ending May 3, 2019

Carlton Fields on 5/22/2019

Real Property Update - Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more

Real Property & Title Insurance Update: Week Ending March 29, 2019

Carlton Fields on 4/24/2019

Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more

Financial Services & Title Insurance Update: Week Ending March 22, 2019

Carlton Fields on 4/24/2019

Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

Carlton Fields on 3/20/2019

Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on 2/19/2019

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Real Property & Title Insurance Update: Week Ending April 28 & May 5, 2017

Carlton Fields on 5/9/2017

REAL PROPERTY UPDATE - Foreclosure: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...more

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

Cozen O'Connor on 10/4/2016

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

Carlton Fields on 1/28/2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

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Foreclosure › Insurance Litigation

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