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Posts tagged as “Mortgage Law”

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.

Illinois App. Court (1st Dist) Rejects Appraiser’s Claim Against Lender for De-Listing Him and Notifying AMCs

The Court of Appeals of the State of Illinois, First District, recently affirmed a summary judgment ruling in favor of a mortgage lender on an appraiser’s claims of intentional interference with a business relationship arising from the lender barring the appraiser from working on its loans and notifying various appraisal management companies of this decision.

Texas Supreme Court Vacates Default Against Mortgage Asset Trustee, Clarifies Rules for Service on Financial Fiduciaries

The Supreme Court of Texas recently set aside default judgment against a mortgage asset securitization trust after finding that its trustee had not been properly served as required by Section 17.028 of the Texas Civil Practice and Remedies Code.

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;