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Posts published in “Foreclosure”

Illinois App. Court (1st Dist) Rejects Borrower’s Attempt to Undo Foreclosure Based on Improper Service

The Appellate Court of Illinois, First District, held that a borrower’s petition to vacate a final foreclosure order based on allegedly improper service filed six months after the borrower first participated in the foreclosure action was time-barred under the Illinois Mortgage Foreclosure Law. Accordingly, the…

1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a borrower’s state and federal law claims, concluding that the trial court lacked jurisdiction under the Rooker-Feldman doctrine, because the borrower’s federal suit sought to invalidate the state courts’ judgments. A copy…

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…