11th Circuit Held that HECM Statute Does Not Disallow Lender’s Contractual Right to Foreclose

The Court of Appeals for the 11th Circuit affirmed the district court's decision when it held that the HECM statute, 12 U.S.C. 1715z-20, addressed only HUD's authority to insure reverse mortgage loans and not a lender's contractual right to foreclose. Under the HECM statute, the Secretary of HUD is authorized to establish a mortgage-insurance program […]

Nevada Courts Provide Additional Guidance on HOA Super Priority Lien Law for Lenders

As we've discussed on this blog before , Nevada's courts remain a battleground for lenders seeking to establish that their security interests were not eliminated by homeowners' association foreclosure sales under NRS 116. In recent weeks, the Ninth Circuit and Supreme Court of Nevada have issued new opinions providing more guidance to ultimately resolve those […]