Mortgages, Subject Matter Jurisdiction

Need to Foreclose on a Mortgage? Where Can You Bring Your Action?

Holland & Knight LLP on 5/19/2022

In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the...more

Equitable Defense Proves Valuable in FCRA Suit

Womble Bond Dickinson on 10/25/2021

The U.S. District Court for the Western District of North Carolina found that the plaintiff was equitably estopped from pursuing a FCRA claim in light of her behavior related to the manner in which she chose to make her...more

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

Womble Bond Dickinson on 12/14/2018

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

Post-Confirmation Jurisdiction of the Bankruptcy Court: “Close Nexus” or “Conceivable Effect”?

Patterson Belknap Webb & Tyler LLP on 8/16/2018

In January 2014, Lehman Brothers Holdings, Inc. (“Lehman”) settled claims filed by Fannie Mae and Freddie Mac arising out of each of their purchases of mortgage loans from Lehman and its affiliates. Lehman then sought to...more

Real Property & Title Insurance Update: Weeks Ending December 2 & 9, 2016

Carlton Fields on 12/15/2016

REAL PROPERTY UPDATE - Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more

Real Property & Title Insurance Update: Weeks Ending October 21 & 28, 2016

Carlton Fields on 11/3/2016

REAL PROPERTY UPDATE: Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more

Law Enforcement Thwarts Sovereign Freeman

Carlton Fields on 11/3/2016

Copyrighting their names, “signing” with red thumbprints – we’ve seen some unusual court filings from unique individuals. But one person has apparently gone too far. It can be incredibly frustrating for a lender when a...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 9, 2015

Carlton Fields on 10/13/2015

REAL PROPERTY UPDATE - Certiorari; discovery: Certiorari review was not available to an owner of property seeking review of a trial court’s order denying his discovery requests, where the order did not completely...more

Southern District of Florida Rejects Borrower Attempts to Hold Mortgage Servicers Liable for Alleged Deficiencies in Responses to...

Balch & Bingham LLP on 10/6/2015

Increasingly in courts around the country, borrowers have attempted to transform the Real Estate Settlement Procedures Act (RESPA), along with its implementing regulation (Reg. X), into a “Gotcha!” device through which...more

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

Locke Lord LLP on 3/10/2015

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

Locke Lord QuickStudy: Illinois Appellate Court Clarifies Dina, Holds Void Mortgages Do Not Equal Void Judgments

Locke Lord LLP on 1/29/2015

In JPMorgan Chase, N.A. v. Ontiveros, 2015 IL App (2d) 140145-U, the Illinois Appellate Court for the Second District recently clarified the difference between a void contract and a void judgment, thereby limiting the...more

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