News & Analysis as of September 22, 2024

Foreclosure › Refinancing

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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 -

Planning for the Rescue Capital Wave of 2023

Pillsbury Winthrop Shaw Pittman LLP on 1/10/2023

Parties engaging in rescue capital transactions should prepare to meet the recapitalization demands of real estate entities. Many real estate investment vehicles are suffering from an “equity gap” in their capital...more

Protect Yourself from Mortgage Refinance Fraud

Whitman Legal Solutions, LLC on 8/4/2022

This article discusses a common type of mortgage foreclosure fraud and how borrowers can protect themselves against scams. The facts in this article, as well as the location and names of companies and individuals, are...more

Nutter Bank Report: July 2021

Nutter McClennen & Fish LLP on 7/29/2021

CFPB Amends Mortgage Rule to Protect Borrowers Affected by COVID-19 The CFPB issued a final rule to amend its Regulation X—which implements the Real Estate Settlement Procedures Act—to assist home mortgage loan borrowers...more

Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan

Snell & Wilmer on 8/26/2019

In a recent Arizona Court of Appeals case, Helvetica Servicing, Inc., v. Pasquan, 2019 WL 3820015, (8/15/19), the Court of Appeals addressed the distinction between (1) a construction loan (or refinance of same) and (2) a...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 7, 2019

Carlton Fields on 6/11/2019

Real Property Update - Foreclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was...more

Money, Dirt and Steel: Year End 2016

Williams Mullen on 1/10/2017

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

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