News & Analysis as of June 7, 2025

Foreclosure › Preliminary Injunctions

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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 -

Stop! In the Name of Love…Err States’ Rights?

Cadwalader, Wickersham & Taft LLP on 3/28/2025

A recent decision by the United States District Court for the Northern District of New York (the “Court”) concluded that a federal court cannot prevent a state court foreclosure pursuant to the abstention doctrine set out by...more

CNJ: Liminar Permite Alienação Fiduciária por Instrumento Particular

Mayer Brown on 12/10/2024

No dia 27 de novembro de 2024, o Corregedor Nacional de Justiça, Ministro Mauro Campbell Marques, deferiu uma liminar que reestabelece temporariamente a possibilidade de qualquer pessoa ou entidade formalizar alienações...more

Courts: A Foreclosure Pandemic Pause? (Part 3)

Morrison & Foerster LLP on 3/23/2021

Since the start of the COVID-19 pandemic, borrowers and lenders alike have sought clarity regarding the permissibility of UCC foreclosure sales in the midst of the ongoing pandemic and the resulting economic fallout, as...more

COVID-19 Update: Can’t Lose What You Never Had: New York State Court Rejects Argument that a Pledge of the Equity Interests in an...

Cadwalader, Wickersham & Taft LLP on 1/14/2021

During the COVID-19 pandemic, New York State courts have granted a number of preliminary injunctions enjoining UCC foreclosures for a period of time. For example, in D2 Mark LLC vs. Orei VI Investments LLC and Shelbourne BRF...more

NY Courts Tackle New Issues in a Post-COVID Court: Modification of Pre-COVID Court Orders

Farrell Fritz, P.C. on 9/15/2020

As New York courts reopen and the mandatory stay-at-home order is lifted, what remains unclear is how the numerous Executive Orders issued by Governor Andrew M. Cuomo during the COVID-19 pandemic will affect individuals and...more

New York State Supreme Court Temporarily Halts UCC Foreclosure of Mezzanine Loan

Cadwalader, Wickersham & Taft LLP on 8/21/2020

On August 3, 2020, in Shelbourne BRF LLC, Shelbourne 677 LLC v. SR 677 BWAY LLC, the Supreme Court of the State of New York (the “Court”) granted the borrower plaintiffs’ motion for a preliminary injunction and prohibited the...more

NY Court Blocks Mezzanine Lender’s UCC Foreclosure Sale in Light of COVID-19 Pandemic

Troutman Pepper Locke on 7/10/2020

On June 23, the New York County Supreme Court issued a rare preliminary injunction temporarily halting a mezzanine lender’s UCC foreclosure sale of the Mark Hotel in New York City because the procedures for the foreclosure...more

Financial Services Weekly News - December 2016 #2

Goodwin on 12/15/2016

Editor's Note - In This Issue. While we eagerly await its decision on interest rates, the Fed had a busy week, granting a Volcker Rule extension for illiquid funds, issuing a joint final rule with the FDIC and the OCC...more

Borrower Who Obtains A Preliminary Injunction Is Entitled To A Fee Award

Hinshaw & Culbertson LLP on 9/18/2015

In Monterossa v. Superior Court (PNC Bank), 2015 DJDAR 6488, the California Court of Appeal for the Third District decided a case of first impression under Code of Civil Procedure Section 2924.12(i) enacted in 2012. The...more

Locke Lord QuickStudy: Rhode Island Superior Court Decision Impacting Servicers

Troutman Pepper Locke on 6/11/2015

A Rhode Island superior court recently ruled that, pursuant to R.I. Gen. Laws § 34-27-3.2, foreclosing lenders are required to send mediation notices in any foreclosure initiated after the effective date (October 2014)...more

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Foreclosure › Preliminary Injunctions

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