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Posts tagged as “Foreclosure”

Calif. App. Court (4th Dist) Holds Rosenthal Act May Apply to Foreclosures, ‘Continuing Violation’ Doctrine May Apply

The Court of Appeal of the State of California, Fourth Appellate District, recently reversed in part and affirmed in part a trial court’s judgment sustaining the defendant loan servicer's and loan owner's demurrer (motion to dismiss) based on res judicata.

9th Cir. Holds Servicer Did Not Need to Produce Servicing Contract to Assert Federal Foreclosure Bar

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order of summary judgment in favor of a loan servicer on claims arising from a non-judicial foreclosure sale conducted by a homeowners association on real property located in Las Vegas, Nevada.

Ohio Supreme Court Rejects Borrower’s Writ of Mandamus and Prohibition Challenges to Foreclosure

The Supreme Court of Ohio recently affirmed the dismissal of a borrower’s complaint for a writ of mandamus and a writ of prohibition filed against the successor to trial court judges who presided over a foreclosure action in which judgment was entered against the borrower.

11th Cir. Rejects Borrower’s Attempt to Use All Writs Act in Contested Foreclosure

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a borrower’s petition seeking relief under the federal All Writs Act for purported violations of the automatic bankruptcy stay in continued foreclosure proceedings and purported violations of the borrower’s rights to remove the state court proceedings to the bankruptcy court.

Oregon Supreme Court Holds HOA Lien Primes First Mortgage or Deed of Trust if No Foreclosure Within 90 Days of Notice

The Oregon Supreme Court recently held that a lien for delinquent condominium assessments has priority over a first mortgage or deed of trust, where the mortgagee fails to initiate a foreclosure action within the 90-day notice period prescribed by ORS § 100.450(7).

NY Court of Appeals (State Supreme Court) Clarifies State Law on Mortgage Loan Acceleration and Foreclosure Statute of Limitation

The New York Court of Appeals, the state’s highest court, recently held that (1) a notice of default sent before a foreclosure did not accelerate the mortgage debt for statute of limitation purposes; and (2) in most circumstances, a lender decelerates mortgage debt when it voluntarily dismisses a foreclosure complaint.