News & Analysis as of November 10, 2024

Judicial Foreclosure Process

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Maine Supreme Court Revisits Reverses its Controversial 2017 One-and-Done Foreclosure Decision

Hinshaw & Culbertson - Consumer Crossroads on 1/17/2024

A highly contested and controversial legal defense to residential foreclosures in Maine resurfaced earlier this month with the Maine Supreme Judicial Court's decision in Finch v. U.S. Bank, N.A. Finch renewed the legal...more

Determining Who is a Borrower Under a Reverse Mortgage - Westlaw Journal

Bradley Arant Boult Cummings LLP on 8/22/2018

As attorneys representing the financial services industry well know, the financial crisis of 2007-2008 resulted in a wave of foreclosures across the country as borrowers struggled to make payments on their mortgages. The...more

Florida Third District Court of Appeal’s Ruling in Favor of Reverse Mortgage Lender Signals New Positive Outlook for Non-Borrowing...

Bradley Arant Boult Cummings LLP on 4/27/2018

Reverse mortgage lenders received a significant victory in Florida’s Third District Court of Appeal last week when the court issued its decision in OneWest Bank, FSB v. Palmero. After previously ruling in Smith v. Reverse...more

Double Trouble—Is Black Sky Capital Blue Skies for Lenders?

Perkins Coie on 7/18/2017

An annoying question for lenders is whether or not a lender can enforce two loans to the same borrower and secured by the same property. The nagging issue is usually raised when a lender makes (1) a first loan and an...more

Florida Court of Appeals Reverses Foreclosure of Reverse Mortgage by Expanding the Definition of “Borrower” to Include Surviving...

Ballard Spahr LLP on 8/12/2015

Home equity conversion mortgages, commonly known as “reverse mortgages” are popular loan products in Florida. In order to foreclose on a reverse mortgage, the lender generally must allege that all conditions necessary to...more

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