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Posts published in “Mortgage Law”

NY High Court Rules Deficiency Judgment Properly Denied for Lack of Evidence of Property Value

The New York Court of Appeals recently affirmed a trial court’s denial of a motion for deficiency judgment because the lender presented conclusory, insufficient evidence about the value of the property. In so ruling, the Court held that, even with uncontested deficiency motions, a lender…

Florida Court Rejects Mortgagee’s Attempt to Limit Liability for HOA Dues After Foreclosure

The Florida Second District Court of Appeal recently reversed a trial court’s order in a mortgage foreclosure action limiting the liability of a loan servicer who acquired title by foreclosure for past-due condominium assessments, holding that the trial court lacked subject matter jurisdiction because the…

Florida Court: ‘Substantial Compliance’ is Sufficient for Mortgage Notice of Default

The Florida Second District Court of Appeal recently upheld a mortgagee’s notice of default that substantially complied with the applicable provision of the mortgage, ruling that strict compliance is not required. A copy of the opinion is available at:  Link to Opinion. The borrowers obtained…