The Illinois Appellate Court, First District, recently held that a homeowner was barred from challenging a foreclosure where the deed to the property had vested to a third party.
Posts tagged as “Foreclosure”
The U.S. Court of Appeals for the Ninth Circuit recently held that, under the federal Housing and Economic Recovery Act (HERA) statute of limitations provisions, a quiet title action brought by Freddie Mac or Fannie Mae is a "contract" claim with a six-year statute of limitations, and not a "tort" claim subject to a three-year statute of limitations.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment.
The Appellate Court of Illinois, Second District, recently held that jurisdictional defects in service of process that did not affirmatively appear on the face of the foreclosure court record protected the rights of an innocent third-party foreclosure against the claims of the borrower.
The U.S. Court of Appeals for the Ninth Circuit recently held that a conditional offer from a lender was not a valid tender to satisfy the superpriority portion of an HOA lien.
The Appellate Court of Illinois, Third District recently reversed entry of summary judgment and subsequent post-foreclosure orders in favor of a mortgagee, after challenges by a non-borrower mortgagor concerning the mortgagee’s standing and existing obligations under the loan resulting from a “certificate of error” recorded by the original lender’s nominee to rescind and disavow a purportedly mistakenly-recorded release of the mortgage.
The U.S. Court of Appeals for the Seventh Circuit recently held that absent unforeseen extraordinary circumstances, debtors in Chapter 13 cases cannot proceed on appeal in forma pauperis.
The Court of Appeal of the State of California, First Appellate District, recently reversed entry of summary judgment in favor of a lienholder in an action to quiet title brought by homeowners that was rejected by the trial court as time-barred.
The U.S. Court of Appeals for the First Circuit recently held that the acceleration of the maturity date of a note does not affect the five-year limitations period for the related mortgage under Massachusetts's obsolete mortgage statute.
The U.S. Court of Appeals for the Fourth Circuit recently held that a mortgagee’s office that was located within 200 miles of the mortgaged property, but did not conduct any mortgage-related business, was not a “branch office” of a “mortgagee” under the HUD rule requiring a face-to-face meeting with mortgage borrowers before filing a mortgage foreclosure action unless the mortgagee does not have a branch office within 200 miles of the borrower's home.
The U.S. Court of Appeals for the Ninth Circuit recently held that California law does not permit preemptive actions to challenge a party's authority to pursue foreclosure before a foreclosure has taken place.
The Appellate Court of Illinois, First District, recently affirmed a trial court order dismissing a foreclosure counterclaim by two borrowers seeking rescission under the federal Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., holding that section 1640(e)’s one-year statute of limitation for legal damages applied to bar the borrower’s section 1635 equitable claim, when the borrowers demanded rescission within three years of closing but did not file suit within one year after the lender failed to respond.