The U.S. Court of Appeals for the Ninth Circuit recently affirmed a bankruptcy court’s judgment in favor of a debtor who sought to avoid a judgment lien under California’s homestead exemption law.
Posts published in “Mortgage Banking Foreclosure Law”
Mortgage Banking Foreclosure Law
The Appellate Court of Illinois, First District, recently upheld a trial court’s order granting a mortgagee's motion for summary judgment, judgment of foreclosure, sale, and order confirming the foreclosure sale.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that two lenders’ claims against a borrower were barred by the applicable statute of limitations.
The U.S. Court of Appeals for the Seventh Circuit affirmed a trial court’s dismissal, on separate grounds, of a borrower’s FCRA claims because the borrower lacked standing. In addition, the Seventh Circuit held that the borrower’s affidavit made conclusory statements with documentary support and was therefore insufficient to defeat the lender’s motion for summary judgment.
In response to a certified question from a bankruptcy court, the Arizona Supreme Court held that a recorded judgment lien attaches to homestead property where the judgment debtor has equity in excess of the $150,000 exemption under Arizona law.
The U.S. Court of Appeals for the Second Circuit recently held that: (1) New York’s interest-on-escrow law is preempted by the National Bank Act of 1864 under the “ordinary legal principles of pre-emption,” Barnett Bank of Marion Cnty., N.A. v. Nelson, and (2) the amendments to the NBA in the Dodd Frank Wall Street Reform and Consumer Protection Act did not change this analysis.
The Illinois Court of Appeals, Fifth District, recently affirmed a trial court’s judgment granting the release of a mortgage and vacated the trial court’s order denying an award of attorney’s fees. In so ruling, the Appellate Court held that a citation to recover under section 16-1 of the Illinois Probate Act is a proper vehicle to be used to obtain a release of mortgage.
The Supreme Court of Arizona recently held that recording a notice of trustee's sale, by itself, is not an affirmative act that accelerates the debt. Therefore, the Court held, the foreclosure at issue in the notice of trustee's sale in this case was not time-barred.
In an appeal attracting amicus briefs from the AARP, the National Consumer Law Center, the Massachusetts Attorney General, and others, the Massachusetts Supreme Judicial Court, the state’s highest court, recently reversed in part and affirmed in part a trial court's grant of summary judgment in favor of a mortgagee on counterclaims brought by the borrowers in summary process eviction proceedings following a non-judicial foreclosure.
The Appellate Court of Illinois, First District, recently affirmed a trial court’s order confirming a judicial sale of real property collateral following a mortgage foreclosure, as well as the trial court’s denial of the borrower’s motion to reconsider that order.
The U.S. Court of Appeals for the Fifth Circuit recently held that a stay of a non-judicial foreclosure due to the filing of a lawsuit by the borrower did not support an “amount in controversy” in excess of $75,000 for federal diversity jurisdiction purposes.
The U.S. Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair.