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Posts published in “Foreclosure”

Sixth Circuit Rejects Borrowers’ Foreclosure Challenges Under Michigan Statute, Alleged HAMP Violations

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s dismissal of borrowers’ state law negligence and constitutional due process allegations arising from the foreclosure and sale of their home under Michigan’s foreclosure-by-advertisement statute. A copy of the opinion is available…

Illinois Court Holds 9% Statutory Interest Rate Applies to Amounts Due in Foreclosure Judgments

The Illinois Appellate Court, First District, recently affirmed a trial court’s final order in a foreclosure, refusing to vacate summary judgment in favor of the mortgagee, even though the notice of the relevant motions was mailed directly to the borrowers and not their attorney of…

Illinois AG Reaches $1 Million Settlement with Property Services Company Requiring 40 New Operating Standards

A prominent property services company recently reached a $1 million settlement with the Illinois Attorney General, resolving allegations that the property services company supposedly wrongfully “locked Illinois residents out of their homes before a foreclosure was finalized,” and requiring the company to submit to 40…

Illinois Court Rejects Borrower’s Attempt to Undo Foreclosure, Holds Borrower Waived Proper Service of Process

The Illinois Appellate Court, First District, recently affirmed the dismissal of a borrower’s petition seeking to vacate a default judgment and order approving sale entered in a mortgage foreclosure action, holding that the borrower waived proper service of the foreclosure complaint. A copy of the…

Florida Court Holds No Prejudice from Improper Notice of Default/Right to Cure If Defense Not Raised Early in Foreclosure Action

The Florida Fifth District Court of Appeal recently affirmed summary judgment in favor of a mortgagee in an action challenging a notice of default in a mortgage foreclosure action that provided only 28 days to cure instead of the 30 days required under the mortgage. A…

Third Circuit Holds Not-Yet-Incurred Fees Without Clarification in Foreclosure Complaint Could Violate FDCPA

The U.S. Court of Appeals for the Third Circuit recently reversed the dismissal of a borrower’s claims under the Federal Fair Debt Collection Practices Act against a foreclosure law firm, holding that not-yet-incurred fees pled in foreclosure complaint — without conveying that the fees were estimates…

Florida Court Holds Improper Notice of Default/Right to Cure Not Defense to Foreclosure Absent Showing of Prejudice

The Florida Fifth District Court of Appeal recently reversed a final judgment of foreclosure in favor of a mortgagee, holding that the mortgagee failed to prove it had standing to sue. In so ruling, the Fifth DCA also held that failure to provide at least 30…

Florida Court Reverses Trial Court Order Dismissing Foreclosure With Prejudice Due to ‘Fraud on Court’

The Florida Third District Court of Appeal recently reversed a trial court’s order dismissing a mortgage foreclosure action with prejudice and cancelling the note and mortgage as a sanction, focusing on the mortgagee’s failure to amend the complaint and withdraw two affidavits filed in support…

Florida Court Reverses Dismissal of Foreclosure Action, Holds New Default Gives New Right to Foreclose

The Florida First District Court of Appeal recently affirmed a trial court’s dismissal of a follow up foreclosure action based on res judicata to the extent the default date was the same as that in the first action, which had been dismissed for failure to…