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Banking, Title Insurance, and Real Estate Litigation Blog Blog

Articles: 1-10 of 340

New York Court of Appeals Finds Loan Decelerated When Voluntary Discontinuance of Foreclosure Filed

USA - February 23 2021 In a ground-breaking case for lenders, the New York Court of Appeals recently added critical guidance and comfort for lenders as to what constitutes…

New Jersey Appellate Division Finds Actual Knowledge Does Not Bar Equitable Subrogation

USA - February 16 2021 In a decision approved for publication, the New Jersey Appellate Division recently found that actual knowledge is not a bar to the doctrine of…

Texas Supreme Court Allows Lender to Pursue Untimely Foreclosure Under Equitable Subrogation

USA - February 11 2021 The Texas Supreme Court recently held that a lender could still foreclose on a mortgage under the doctrine of equitable subrogation, even if it…

Third Circuit Finds Rebuttable Presumption of Fraud Under UFTA

USA - February 9 2021 The Third Circuit recently vacated a verdict of the United States District Court for the District of New Jersey, holding that where certain…

Seventh Circuit Declines to Address Arbitration, Dismisses for Lack of Standing

USA - February 4 2021 The United States Court of Appeals for the Seventh Circuit recently declined to address whether a FDCPA action should have been sent to arbitration…

California Court Holds Agents Not Entitled to Agent Fees on PPP Loans

USA - January 28 2021 The United States District Court for the Central District of California recently held that plaintiffs, who assisted clients in obtaining PPP loans…

U.S. Supreme Court Rules on Property Seized Pre-Bankruptcy Petition

USA - January 22 2021 The United States Supreme Court recently held that 11 U.S.C. § 362(a)(3), a…

Maryland Supreme Court Affirms No Statute of Limitations for Foreclosures

USA - January 21 2021 The Maryland Court of Special Appeals recently affirmed a lower court and held that there is no statute of limitations for foreclosure actions in…

Michigan Court Holds No Title Insurance Coverage for Reduced Easement

USA - January 13 2021 The Michigan Court of Appeals recently found that a title insurance company was not required to reimburse its insured after the company negotiated a…

First Circuit Holds No Equitable Lien for Lender Where Home Equity Line of Credit Debtor Was Not Actual Owner of Property, Proceeds Used to Buy Another Property

USA - January 7 2021 The United States Court of Appeals for the First Circuit recently reversed a District Court decision and held that a creditor was not entitled to an…