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Posts published in “Foreclosure”

11th Cir. Holds HUD Regs Did Not Prevent Reverse Mortgage Foreclosure on Non-Borrower Surviving Spouse

The U.S. Court of Appeals for the Eleventh Circuit held that 12 U.S.C. § 1715z-20(j) did not alter or limit the lender’s right to foreclose under the terms of the valid reverse mortgage contract where the non-borrower spouse was still living in the home. Accordingly,…

5th Cir. Holds Automatic Stay Violation Claim Against Mortgagee Barred by Judicial Estoppel

The U.S. Court of Appeals for the Fifth Circuit recently held that a mortgagee’s foreclosure action did not violate an automatic stay imposed during one of the plaintiff’s chapter 13 bankruptcy schedules, where the debtor failed to amend his bankruptcy schedules to disclose his recent…

8th Cir. Holds Civil Procedure Rules Could Not Extend Minnesota Foreclosure Deadlines

Answering a certified question from the U.S. Court of Appeals for the Eighth Circuit, the Minnesota Supreme Court recently held that a rule of civil procedure cannot be used to modify deadlines in the state’s foreclosure statute. In so ruling, the Minnesota Supreme Court concluded that…

Fla. Supreme Court Holds Lenders May Pursue Separate Deficiency Action After Foreclosure

The Florida Supreme Court recently resolved a conflict among the state appellate courts. At issue in the case was whether section 702.06, Florida Statutes (2014) permitted lenders to pursue a deficiency claim as a separate action at law even though the foreclosure court had reserved…

To the U.S. Supreme Court: Does the FDCPA Apply to Non-Judicial Foreclosure Proceedings?

On June 28, the U.S. Supreme Court granted a Petition for a Writ of Certiorari in Obduskey v. McCarthy & Holthus LLP that presents the question “whether the FDCPA applies to non-judicial foreclosure proceedings.” The borrower in the underlying case defaulted on his home loan…

PA Supreme Court Holds Borrower Not Entitled to Atty’s Fees for Aff Def Under Act 6

The Supreme Court of Pennsylvania recently held that a borrower is not entitled to attorney’s fees under the Pennsylvania Loan Interest Law (“Act 6”) relating to an affirmative defense raised in a mortgage foreclosure action that was subsequently discontinued without prejudice. A copy of the…

Wisc. Supreme Court Holds New Foreclosure Not Barred By Dismissal With Prejudice of Prior Foreclosure

The Supreme Court of Wisconsin recently held that claim preclusion does not bar a mortgagee from proceeding with a foreclosure complaint despite a prior litigation which resulted in a dismissal with prejudice if the subsequent litigation is based upon a default and acceleration which occurred after…