News & Analysis as of October 13, 2024

Tax Liens

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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 +

Ohio Appeals Court Finds Credence to “Show Me the Note” Theory in Foreclosure

McGlinchey Stafford on 7/25/2024

On June 21, 2024, the Ohio Second Appellate District reversed a trial court decision granting plaintiff summary judgment in a residential foreclosure action, finding that a competing lienholder’s discovery request for...more

Real Estate Due Diligence - Property Liens

Whitman Legal Solutions, LLC on 12/8/2023

A Baltimore Homeowner’s Saga - Baltimore Resident and single mother Deanna Woodward paid off her mortgage 18 years ago. After that, she paid her real estate taxes. So, imagine her surprise when she recently learned that...more

Commercial Real Estate Receiverships: The Sale Process Itself

Kaufman & Canoles on 10/21/2021

Typically, the receiver will market the property for sale using the same methods as it would for any other commercial property. It will install signage on the property, list the property with the appropriate online commercial...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 20, 2017

Carlton Fields on 10/30/2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Foreclosure: witness may testify as to business records of another company so long as that witness can lay proper foundation of personal knowledge...more

Real Property & Title Insurance Update: Week Ending March 24, 2017

Carlton Fields on 3/29/2017

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: servicer did not meet its burden of proving it satisfied condition precedent of giving notice of acceleration by failing to provide evidence that notice letter had...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 25 & November 1, 2013

Carlton Fields on 11/6/2013

I. FLORIDA STATE CASES – SARA WITMEYER & JOURDAN HAYNES - - Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set forth in Florida Statutes...more

Tax Lien Purchasers Must Give MERS Notice, Says Arizona Appeals Court

Snell & Wilmer on 6/4/2013

Recognizing MERS’s role in modern day mortgage lending, the Arizona Court of Appeals confirmed in Delo v. GMAC Mortgage, LLC that tax lien purchasers must notify MERS when identified in the Deed of Trust before foreclosing on...more

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