News & Analysis as of

Foreclosure › Tenants › Eviction

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... more +
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 -
Patton Sullivan Brodehl LLP

Eviction After Foreclosure: Further Developments from the Courts

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A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years.  Here is a summary, capped by an update on a recently filed opinion: ...more

Tarter Krinsky & Drogin LLP

Law Brief®: Robert Wolf, Alexander Tiktin and Richard Schoenstein Discuss the Continuing Foreclosure/Eviction Moratorium

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On the latest Law Brief® episode, Bankruptcy and Corporate Restructuring Partner Robert Wolf and Associate Alexander Tiktin join host, Richard Schoenstein to discuss the current status of the COVID-19 foreclosure and eviction...more

Cadwalader, Wickersham & Taft LLP

Bring On Q4 - September 2021 - COVID-19 Update: New York Governor Signs New Moratorium Effective until January 15, 2022

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On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses. Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more

Harris Beach PLLC

New York State Eviction Moratorium Extended through 1/15/2022

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In order to address the August 31, 2021 expiration of various New York State eviction and foreclosure moratoria, and in light of the United States Supreme Court’s (SCOTUS) recent invalidation of certain provisions of New York...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: New York Governor Signs New Moratorium Effective until January 2022

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On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses.  Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more

Locke Lord LLP

New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

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In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided...more

Blank Rome LLP

U.S. Supreme Court Blocks Enforcement of a Limited Part of New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act

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Financial institutions, lenders, and servicers should take note that the United States Supreme Court (“SCOTUS”) granted an injunction filed by plaintiffs-landlords seeking to prevent the enforcement of New York’s COVID-19...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - May 2021 #1

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The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Blank Rome LLP

New York’s COVID-19 Eviction and Foreclosure Prevention and Small Businesses Acts Extended to August 31, 2021 – What You Need to...

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Lenders, mortgage servicers, and other financial institutions should take note that New York State passed legislation extending the protections set forth in the COVID-19 Emergency Eviction and Foreclosure Prevention Act of...more

Rumberger | Kirk

Alabama Association of Realtors Prevails: Another Court Rules CDC Rule Prohibiting Evictions is Invalid and Unenforceable

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A federal court in Washington, D.C. has become the latest in a growing group of courts to hold that a CDC rule prohibiting residential evictions is invalid and unenforceable in its May 5, 2021, order in Alabama Association of...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium until August 31

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On May 5, 2021, New York Governor Andrew Cuomo signed a bill that extends the moratorium on evictions and foreclosures for residential tenants and small businesses to August 31, 2021. The previous moratorium expired May 1,...more

Morrison & Foerster LLP

New York Extends Moratorium On Residential And Small Business Evictions And Foreclosures

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On May 4, 2021, New York Governor Andrew Cuomo signed into law a bill passed by the New York State legislature extending to August 31, 2021 the existing eviction moratorium for residential tenants and independently owned...more

Locke Lord LLP

New York State Senate Extends Foreclosure and Eviction Moratorium From May 1, 2021 ‎Until August 31, 2021

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On May 3, 2021, the New York State Senate voted to extend the moratorium on foreclosure and eviction actions provided in the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181)(the “Eviction...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know (Spanish)- April 2021

Lowenstein Sandler LLP on

CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento. La Orden del Estado El 19 de marzo de...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know (Spanish)

Lowenstein Sandler LLP on

A partir del 20 de abril, 2021- CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia del COVID-19? No. El 19 de marzo de 2020, el gobernador de Nueva Jersey, Philip Murphy, emitió la Orden...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - April 2021 #1

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - March 2021 #3

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Morrison & Foerster LLP

New York State Passes Legislation To Extend Eviction And Foreclosure Relief For Small Business Commercial Properties

Morrison & Foerster LLP on

On March 9, 2021, New York Governor Andrew Cuomo signed into law the New York State COVID-19 Emergency Protect Our Small Businesses Act of 2021 (S471A/A3207) (the “Act”). After a full year of commercial tenants and commercial...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - March 2021 #2

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Harris Beach PLLC

Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders

Harris Beach PLLC on

In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evictions and foreclosures through May 1, 2021. On March 9, 2021, the Governor’s desires...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - March 2021 #1

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Rumberger | Kirk

Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions

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A federal court in Texas has ruled that the federal government has no constitutional power to prohibit real estate foreclosures and evictions pursuant to coronavirus legislation and regulation, calling into question whether...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - February 2021 #2

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - February 2021 Issue #2

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New York Commercial Eviction and Mortgage Foreclosure Moratorium Extended - On January 27, 2021, Governor Andrew Cuomo issued Executive Order 202.92. The order extended the Governor’s initial COVID-19 disaster declaration...more

Genova Burns LLC

Update from our Bankruptcy Law Department

Genova Burns LLC on

The COVID pandemic has had far reaching impacts in the New Jersey judicial system. For almost a year, commercial and residential foreclosures and evictions essentially came to a halt....more

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