News & Analysis as of November 17, 2024

Takings Clause

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Reacting to Tyler v. Hennepin County: Michigan Addresses Retroactivity of Legislative Fix

Nelson Mullins Riley & Scarborough LLP on 8/8/2024

In a recent case, the Michigan Supreme Court issued an opinion in Schafer v. Kent County, No. 164975, addressing the critical issue of surplus equity stemming from a tax foreclosure within the context of the state...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

Carlton Fields on 12/4/2019

Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Carlton Fields on 6/27/2017

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Nev. Supreme Court Holds HOA Foreclosure Statute Constitutional, Splits with Ninth Circuit

Ballard Spahr LLP on 2/6/2017

The Nevada Supreme Court has upheld the constitutionality of Nevada's pre-2015 statutory scheme for homeowners association (HOA) foreclosures. This decision contradicts the Ninth Circuit Court of Appeals' conclusion that the...more

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on 10/3/2016

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 2, 2015

Carlton Fields on 10/8/2015

REAL PROPERTY UPDATE - - Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment of...more

Constitutional Clarification for Nevada HOA Super-Priority Foreclosures

Bradley Arant Boult Cummings LLP on 10/2/2015

Since the Nevada Supreme Court’s infamous decision in SFR Investments Pool 1, LLC v. U.S. Bank, N.A. in September 2014, the mortgage community has continued to fight to save senior deeds of trust from extinguishment due to an...more

Federal Court Halts Lender Underwater Mortgages Lawsuit Against Richmond

Nossaman LLP on 9/16/2013

On September 12, the City of Richmond caught a small reprieve with respect to its plan to condemn underwater mortgages. As reported by Reuters, the federal district court ruled that the lawsuit filed by lenders Wells Fargo,...more

Showdown in the Richmond: The City of Richmond Threatens Eminent Domain on Underwater Loans

Sheppard Mullin Richter & Hampton LLP on 9/13/2013

BREAKING NEWS: In a contentious 4-3 decision and amid more than 300 community members on both sides of the issue, the City Council for the City of Richmond voted to continue pursuing its eminent domain plan in the early...more

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