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Mortgages › Final Judgment

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Cadwalader, Wickersham & Taft LLP

There’s No Going Back: The Finality of Mortgage Foreclosures

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In New York, it is settled precedent that a judgment of foreclosure and sale is final as to all questions at issue between the parties. Thus, once a final judgment is entered, both parties have no recourse or ability to raise...more

McGlinchey Stafford

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

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Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

Rivkin Radler LLP

CPLR 205(a) Can Only Be Invoked by the Original Plaintiff if Plaintiff Is Still Alive

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CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the...more

McGlinchey Stafford

Am I a party entitled to enforce a promissory note?

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Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more

Ballard Spahr LLP

Consumer Financial Protection Bureau Files Complaint Alleging Defendants Engaged in Unlawful Conduct in Connection with Mortgage...

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On September 6, 2019, the Bureau filed a complaint in federal court in the Central District of California against Certified Forensic Loan Auditors, LLC (CFLA) and Andrew Lehman (Lehman) in connection with their offering,...more

Womble Bond Dickinson

Federal Court Cites Rooker-Feldman Doctrine and New Jersey “Entire Controversy Doctrine” to Decline Jurisdiction of FCRA Claims

Womble Bond Dickinson on

The plaintiffs (“Plaintiffs”) in Gunter-King v. Wells Fargo Bank, N.A., Civil Action No. 18-11316 (JBS/JS), 2018 U.S. Dist. LEXIS 209443 (D.N.J. Dec. 12, 2018), defaulted on their loan obligation on or about July 2012 and a...more

Ballard Spahr LLP

CFPB defends judgment in enforcement action against biweekly mortgage payment companies

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Despite the CFPB’s change in position after Mick Mulvaney’s appointment regarding the need for Nationwide Biweekly Administration to post a bond to stay execution of the $7.9 million judgment obtained by the CFPB, the CFPB...more

A&O Shearman

Second Circuit Affirms $800 Million Judgment Under Securities Act And Certain State "Blue Sky" Laws, Addressing A Variety Of...

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On September 28, 2017, the United States Court of Appeals for the Second Circuit affirmed a judgment, entered after a bench trial by Judge Denise Cote of the United States District Court for the Southern District of New York,...more

Snell & Wilmer

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

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Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

Lowndes

Appellate Court Restores Lis Pendens Protections in Do-Ober Decision

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The tides have turned in Ober v. Town of Lauderdale-By-The-Sea as the Fourth District Court of Appeal recently reversed its decision and revived the full impact of Florida’s lis pendens statute. By withdrawing and replacing...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending January 27, 2017

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REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

Burr & Forman

Fourth District Court of Appeal Breathes Life Back into Lis Pendens Statute

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Florida’s Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of Lauderdale-By-the-Sea. On a motion for rehearing, the Court withdrew and replaced its August 24,...more

Lowndes

Surviving the Zombie [Foreclosure] Apocalypse

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Preparing For A World When Lis Pendens Protections Are All But Ober - “BEWARE REAL PROPERTY LITIGATORS” warns a former chair of the Real Property, Probate and Trust Law Section of the Florida Bar. This advice, given...more

Ballard Spahr LLP

Liens Recorded Between Foreclosure, Sale Date Ruled Valid by Florida Appellate Court

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In a case of first impression among the Florida appellate courts, the Fourth District Court of Appeal held that liens recorded between the foreclosure judgment and the sale date are valid and enforceable against the property...more

Carlton Fields

Foreclosure of Mortgage Securing Electronic Promissory Note Affirmed

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Florida’s Fourth District Court of Appeal recently issued its mandate in Rivera v. Wells Fargo Bank, N.A. confirming the finality of its decision to uphold the enforcement of an electronic promissory note (“e-note”) in a...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 4, 2015

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REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more

Carlton Fields

Florida Court Recognizes Need To Show Prejudice To Establish Defense Of Failure Of Conditions Precedent Under Paragraph 22 Of The...

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As part of its defense at trial in a foreclosure action, the defendants asserted that the plaintiff bank failed to satisfy the condition precedent of providing notice and an opportunity to cure before filing its complaint, as...more

Locke Lord LLP

Locke Lord QuickStudy: Illinois Supreme Court Closes Back Door on Dina - Holds Only Absence of Jurisdiction Renders a Judgment...

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In LVNV Funding, LLC v. Trice, 2015 IL 116129, the Illinois Supreme Court recently held that only the absence of personal or subject matter jurisdiction renders a circuit court’s judgment void. Thus, a judgment entered with...more

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