News & Analysis as of

Trustees Foreclosure Mortgages

McGlinchey Stafford

Florida Real Property And Business Litigation Report Volume XIII, Issue 50

McGlinchey Stafford on

M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020). A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the...more

Dechert LLP

Third Circuit Clarifies the Inner Workings of Foreclosure on Repo Collateral

Dechert LLP on

In the fifth opinion involving the repo liquidation saga of HomeBanc, the Third Circuit addressed several crucial issues involving the liquidation and valuation of repo collateral in bankruptcy. In re HomeBanc Mortg....more

Blank Rome LLP

In Blackstone v. Sharma, Maryland’s Highest Court Rules That Foreign Statutory Trusts Do Not Need to Be Licensed as Debt...

Blank Rome LLP on

In a long-awaited decision, the Court of Appeals of Maryland holds that foreign statutory trusts do not need to be licensed as debt collectors before initiating in rem foreclosure proceedings. This holding will allow numerous...more

Ward and Smith, P.A.

Your Foreclosure Hearing Just Got More Crowded

Ward and Smith, P.A. on

On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect. The amended statute, Section 45-10, concerns substitute trustees under a deed of trust. As amended, Section 45-10 now prohibits...more

Goulston & Storrs PC

T&E Litigation Newsletter- July 2016 #2

Goulston & Storrs PC on

The first two weeks of July have brought us some warm weather and three new decisions worth noting: First, in Bank of America, N.A. v. Commissioner of Revenue, Docket No. SJC-11995 (July 11, 2016), the Supreme Judicial...more

Ballard Spahr LLP

Court Cannot Enter Default Against Trustee that Submits Unopposed Declaration of Non-Monetary Status

Ballard Spahr LLP on

The California Court of Appeal recently held that a plaintiff cannot seek entry of default against a trustee that files a declaration of nonmonetary status pursuant to California Civil Code Section 2924l. Section 2924l...more

Troutman Pepper

Foreclosures: Beware Unexpected Violations

Troutman Pepper on

Field v. Bank of America, N.A. (In re Gibbs), 522 B.R. 282 (Bankr. D. Hawaii 2014) – A bankruptcy trustee sued a mortgage lender to recover for defects in a prepetition non-judicial foreclosure sale. The lender brought a...more

Snell & Wilmer

Borrowers Can Avoid Liability Even After a Trustee’s Sale

Snell & Wilmer on

Since a lender must have a valid debt and valid lien to conduct a trustee’s sale, a borrower that allows the foreclosure sale to occur impliedly agrees that the debt and lien are valid. In Madison v. Groseth and BT Capital,...more

Clark Hill PLC

Lenders Beware – the Steinberger decision leaves lenders vulnerable to a defaulting homeowner's delay tactics

Clark Hill PLC on

As if lenders don't have enough on their plates, dealing with a slowly rebounding economy and debtors struggling to make payments, on January 30, 2014, the Arizona Court of Appeals issued a decision that is bound to wreak...more

Ballard Spahr LLP

Nevada Supreme Court To Consider 'Foreclosure Sale' Definition

Ballard Spahr LLP on

Special servicers and lenders who have loans secured by real property in Nevada should be aware of a case that is on appeal in that state. Briefing is about to begin on what could be an important win, or loss, for the lending...more

Ballard Spahr LLP

Nevada Appeals Court To Consider ‘Foreclosure Sale’ Definition

Ballard Spahr LLP on

Special servicers and lenders who have loans secured by real property in Nevada should be aware of a case that is on appeal in that state. Briefing is about to begin on what could be an important win, or loss, for the lending...more

Miller Starr Regalia

Neither Failure to Name Trustee In Deed of Trust Nor Absence of The Original Note Will Invalidate A Nonjudicial Foreclosure Sale –...

Miller Starr Regalia on

In this recent Court of Appeal opinion, an issue of first impression in California was addressed: That is, can a borrower seek to set aside a nonjudicial foreclosure under a deed of trust which initially failed to identify a...more

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