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Posts tagged as “Foreclosure”

Illinois App. Court (2nd Dist) Holds February 2020 Foreclosure Judgment Not Affected by COVID Moratoria

The Appellate Court of Illinois, Second District, recently affirmed a trial court’s order denying a borrower’s motions to vacate a foreclosure judgment and for leave to file an untimely answer and counterclaims, and the subsequent motion to reconsider, finding the trial court’s decision did not result in substantial injustice.

4th Cir. Vacates Bankruptcy Civil Contempt Order Against Creditor, Holds Taggart Standard Applies  

The U.S. Court of Appeals for the Fourth Circuit recently held that the "no fair ground of doubt" standard established by the Supreme Court of the United States in Taggart v. Lorenzen, a case involving alleged violation of a Chapter 7 discharge order, governed civil contempt proceedings for violation of a confirmed reorganization plan under Chapter 11.

Nevada Supreme Court Holds Challenges to HOA Liens Subject to 4-Year SOL, Which May Not Be Triggered by HOA Sale

In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations;

NY App. Court Holds Strict Compliance Required for ‘Separate Envelope’ for Pre-Foreclosure Notice

The New York Appellate Division, Second Department, recently affirmed a lower court’s order granting summary judgment in favor of a borrower in a foreclosure action due to the mortgagee’s failure to comply with the “separate envelope” requirement of New York’s Real Property Actions and Proceedings Law 1304(2).

7th Cir. Rejects Borrower’s Attempt to Appeal Remand Order and Related Fee Award

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of several actions by a borrower against a mortgagee, and in so ruling also held that it did not have jurisdiction to review the lower court’s remand order, and that the borrower had waived his right to challenge an award of attorney fees and costs in connection with the remand.

Illinois App. Court (2nd Dist) Holds Successive Foreclosures Not Necessarily Barred by Dismissal of Prior Actions

The Appellate Court of Illinois, Second District, recently reversed a trial court’s grant of a borrower’s motion to dismiss a mortgagee’s foreclosure complaint and the trial court’s denial of the mortgagee’s motion to reconsider.