Foreclosure / Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee provision, but bank was successful in enforcing deed agreement against borrower, borrower was not a “prevailing party” and was precluded from recovering fees based on provision […]
Chapter 720 / Prevailing Party Fees: developer that successfully defended against association's lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys' fees and costs based on Florida Statutes, section 720.305 Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC , No. Foreclosure News
Foreclosure/Loan Modification: foreclosing plaintiff was required to allege and prove default of loan modification agreement after trial court found the loan modification to be the operative agreement.Pijuan v. Bank of America, N.A., Case No. Foreclosure News
Another Taylor Tudor building could eventually be dropped into the city's lap, as council learned in a mid-year update on its 2018 Priorities List. After gaining ownership of the vacant building at Superior Park and Taylor Road in January, “the adjacent tax delinquent structures are matriculating through the foreclosure process,” City Manager Tanisha Briley told […]
On August 1, 2018, the Third District Court of Appeal found that a foreclosure judgment can include all amounts due and owing regardless of the initial date of default. In Eduardo Gonzalez and Rosa Gonzalez v. Foreclosure News
Editors' Note: While this post is not a per se bankruptcy issue, matters on consumer financial services are always in the curtilage of bankruptcy and the U.S. Bankruptcy Code. Our BCLP consumer financial services colleague Cathy Welker is an expert in this area, advising banks, servicers, and other financial institutions on the Byzantine regulatory world […]
New York has signed into law an amendment redefining a reverse mortgage as a “home loan.” With this amendment, statutory pre-foreclosure ninety day notices and a “certificate of merit” will be required in all New York reverse mortgage foreclosures. Foreclosure News
FCCPA/FDCPA/TCPA: servicer's communications with represented parties was debt collection activity in violation of FCCPA and FDCPA where parties' attorney had entered appearance in foreclosure proceeding in which servicer sought deficiency; servicer was debt collector where servicer began servicing debt only after default; monthly mortgage loan statements and loss mitigation letters were debt collection activities; use […]
One of the things that impact servicing values is foreclosure laws, and rates, in certain states. Foreclosures have dropped, thankfully the number of borrowers in trouble has dropped, but certain loan vintages, and certain states, are seeing an increase in early signs that some post-recession loan vintages are defaulting at a slightly elevated rate, a […]
This month, Boulder's Daily Camera published a well-researched article on the public trustee system . Boulder Public Trustee Jim Martin said his office will shutter in May because the revenue generated by the office doesn't cover its expenses. Foreclosure News