Searching Content indexed under Charges, Mortgages, Indemnities by Fox Rothschild LLP ordered by Published Date Descending.
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Opinions Are Like … : And Judges Can't Rely On Them For Legal Conclusions
In Olsak, the borrowers called as a witness at trial a mortgage foreclosure fraud investigator and securitization officer, who was not a lawyer.
United States
5 Dec 2016
"Congratulations! Now Pay Up!": Did You Think Your Lis Pendens Discharged Post-Judgment Liens?
That look you get when you realize you just bought property at a foreclosure sale that is still subject to liens …
United States
22 Sep 2016
Stay Single And Double The Pleasure Of Home Mortgage Interest
In recent years much has been written about the "marriage penalty" when it comes to federal income tax.
United States
15 Aug 2016
Bucking The Trend: No Fraud If Modification Not Promised And Foreclosure Resulted From Failure To Pay
The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir. Case No. 14-55494 (Aug. 4, 2016), affirmed the dismissal of the borrowers'class action complaint against various banks, servicers and trustees.
United States
10 Aug 2016
A Ruling That Will Be Of Interest To Lenders: Don't Forget To Present Evidence Of The Amount Of Interest
Florida's appellate courts continue to address the sufficiency of evidence in mortgage foreclosure cases.
United States
14 Jul 2016
No Foreclosure Summary Judgment Without Refuting "Notice and Opportunity to Cure" Defense: Remember to "Say it Ain't So"
In an opinion issued yesterday in Chester A. Brooks, et al. v. Bank of America, et al., Case No. 4D14-3337 (Fla. 4th DCA May 25, 2016), Florida's Fourth District Court of Appeal made clear that, in order to obtain summary judgment of foreclosure, ..
United States
26 May 2016
Beauvais Reversed – Statute Of Limitations Does Not Bar Subsequent Foreclosure Action On Later Default
On August 3, 2015, the 3rd DCA ordered rehearing en banc and requested supplemental and amicus briefs from various organizations.
United States
15 Apr 2016
CFPB's Constitutionality Questioned By D.C. Circuit Court In PHH Case
The Consumer Financial Protection Bureau is in the midst of what many see as its most serious challenge to date.
United States
14 Apr 2016
Reverse Mortgage Redux
This is not a money management blog but what we increasingly find is that many divorce clients simply "trusted" that their resources would be sufficient to carry them through retirement.
United States
23 Mar 2016
Homeowner V. Appraiser Value Opinions Widens
The gap between homeowner and appraiser opinions of home values has nearly doubled since May, according to mortgage lender Quicken Loans.
United States
1 Sep 2015
U.S. 3rd Circuit Court Of Appeals Rules Against Montgomery County Recorder Of Deeds Nancy Becker
Today the United States Third Circuit Court Of Appeals issued a major ruling against Montgomery County Recorder of Deeds Nancy Becker. Becker filed a class action on behalf of all Recorder of Deeds in Pennsylvania Mortgage Electronic Registration Systems, Inc. ("MERS") seeking to recover millions in "so called" unpaid recording fees and an order to compel MERS to record and pay fees for recording mortgage assignments
United States
4 Aug 2015
Supreme Court Says No More Stripping!…Of Junior Liens In Chapter 7
The Eleventh Circuit's opinions in In re McNeal1, Bank of America v. Caulkett2 and Bank of America v. Toledo-Cardona3 put second mortgages in greater jeopardy for lenders when the Eleventh Circuit held that second-priority mortgage liens could be eliminated completely (i.e. "stripped off") in chapter 7 bankruptcy cases where collateral is worth less than the amount of the first mortgage.
United States
15 Jun 2015
FINRA In 2015 – Sales Products
Earlier this month, FINRA released its 2015 Regulatory and Examinations Priorities Letter. In the letter, FINRA lays out its 2015 priorities, which focus on three general areas.
United States
10 Feb 2015
HUD Settles Disability Discrimination And Retaliation Case For $255,000
Earlier this month, HUD announced that it had settled a disability discrimination case against the owner and manager of a 500 unit affordable apartment community in Illinois.
United States
18 Nov 2014
Does The Fair Housing Act Apply When A Woman Is On Maternity Leave? You Bet. Here is How.
HUD has announced two Fair Housing Act settlements involving pregnancy and maternity leave that deserve mention in this space.
United States
25 Jul 2014
Federal District Court In Florida Dismisses Three Fair Housing Act Mortgage Cases
Earlier this month, the U.S. District Court for the Southern District of Florida dismissed with prejudice the Fair Housing Act (FHA) claims in three suits filed by the City of Miami against large mortgage lenders Bank of America, Wells Fargo, and Citigroup.
United States
23 Jul 2014
Surety Bonds: A Basic Primer And The Insolvency Twist
Much has been written about the effects of the economy upon the construction industry.
United States
4 Jul 2014
Mortgage Foreclosure Rules Relaxed And Supplemented
By Order dated March 4, 2014, the New Jersey Supreme Court has relaxed and supplemented the following Rules of Court relating to mortgage foreclosure matters, effective as of that date:
United States
10 Apr 2014
Muses On Default Interest, Prepayment Clauses And Mitigation By The Mortgagee
I read the following from an unpublished opinion of the trial judge in a commercial foreclosure action in the United States District Court where the borrower through up just about everything in an effort to overcome a motion for summary judgment and lost.
United States
11 Mar 2014
Mortgagee Can Apply Rents To Deficiency
Rents assigned to a secured mortgagee in New Jersey belong to the creditor and cannot be used by the debtor in a bankruptcy case.
United States
1 Mar 2014
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