Chemerinsky: SCOTUS clarifies First Amendment debate over content regulation of signs
ABA Journal Daily News
California Court of Appeal Clarifies Critical Homeowner Bill of Rights Satisfaction Requirement
Lenders pursuing foreclosure of residential properties in California must satisfy the requirements of the California Homeowner Bill of Rights , set forth at Cal. Civ. Code Sections 2920, et seq . Foreclosure News
Florida’s Second DCA Clarifies on Standing if New Case is…
On October 31, 2018, Florida's Second District Court of Appeal recently distinguished two of its prior opinions and held that a foreclosure plaintiff does not lose its standing as a holder of a negotiable instrument if it surrenders a promissory note to the clerk of court for purposes of obtaining a foreclosure judgment, and later […]
Maryland Court Clarifies Rules for Foreign Statutory Trusts in Foreclosure Proceedings
The Maryland Court of Appeals' decision in Blackstone v. Sharma provides much-needed clarity to mortgage debt owners. Foreclosure News
Ninth Circuit Clarifies Amount in Controversy for Purposes of Subject …
On December 27, 2017, the Ninth Circuit Court of Appeals issued a published decision impacting subject matter jurisdiction when a complaint seeks a stay of foreclosure proceedings pursuant to the California Homeowners' Bill of Rights . The Ninth Circuit found in Corral, et al. v. Foreclosure News
Eleventh Circuit Clarifies Meaning of Consummation of Transaction in…
In Woide v. Federal Nat'l Mortg. Ass'n , the United States Court of Appeals for the Eleventh Circuit held that consummation of a contract for purposes of asserting a right of rescission under the Truth in Lending Act occurs when a borrower signs the pertinent loan documents. Foreclosure News
FDIC Clarifies Supervisory Expectations for Abandoned Foreclosures
On March 2, 2016, the FDIC issued clarification of their supervisory expectations of financial institutions’ risk management policies concerning the discontinuation of foreclosure proceedings, commonly referred to as “abandoned foreclosures.” Financial Institutions must establish a policy and procedure for when such decisions to abandon a foreclosure are made which address the negative impact on the […]
Fifth Circuit Court of Appeals Clarifies Abandonment of Loan Acceleration
The Fifth Circuit Court of Appeals recently clarified how mortgage lenders and servicers can abandon a loan acceleration under Texas law. Although Texas generally requires foreclosure actions to be brought no more than four years after a loan is first accelerated, the holding in Boren v. Foreclosure News