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Banking Sector › Promissory Notes › Foreclosure

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 4, Issue 2, March 2024

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Volume 4, Issue 2, 2024 Welcome! Welcome to the second issue of Promissory Notes - our banking and finance e-newsletter - for 2024. Business today is characterized by relentless change. To assist our clients in navigating...more

Troutman Pepper

Important Lessons for Mortgage Lenders in Delaware

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In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s...more

Snell & Wilmer

Recent Arizona Commercial Law Cases

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Over the last few months there have been several significant commercial law cases in Arizona. These have included four Court of Appeals and three Supreme Court cases, each addressing common loan document provisions and...more

Burr & Forman

Third DCA Rejects 57.105 Attorney’s Fees Where Plaintiff Failed to Prove Standing

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On March 1st, Florida’s Third District Court of Appeal affirmatively held that a mortgage holder who fails to prove its standing to foreclose is not liable to a defendant borrower for prevailing party attorney’s fees. The...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending February 3, 2017

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REAL PROPERTY UPDATE: Foreclosure/Sufficiency of Notice: although lender’s notice of default did not expressly state that property could be sold in foreclosure, it substantially complied with notice provision (paragraph...more

Polsinelli

Loan Enforcement and Creditors’ Rights

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At times, lenders lose the promissory notes on defaulted loans. Lost notes are problematic because, in order to have standing to foreclose, a lender may be required in many states, including in New York, to possess the...more

Carlton Fields

Foreclosure of Mortgage Securing Electronic Promissory Note Affirmed

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Florida’s Fourth District Court of Appeal recently issued its mandate in Rivera v. Wells Fargo Bank, N.A. confirming the finality of its decision to uphold the enforcement of an electronic promissory note (“e-note”) in a...more

Burr & Forman

Florida’s Fourth DCA Provides Clarity on Proofs Required to Enforce Promissory Note Specially Indorsed to Another

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In Bank of New York Mellon Trust Company v. Dennis M. Conley, 4D14-2430 (Fla. 4th DCA Jan. 6, 2016), Florida’s Fourth District Court of Appeal clarified the methods by which a foreclosure plaintiff can seek to enforce a note...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 10, 17 & 24, 2015

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REAL PROPERTY UPDATE - Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more

Baker Donelson

Liberalization of Louisiana Foreclosure Law: Cat on a Hot Tin Roof

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Legislation liberalizing Louisiana foreclosure law was signed by Louisiana’s governor on June 5. House Bill 697 becomes effective on August 1, 2015. One particular area where lenders strive to use technology involves...more

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