In late-2016, the Florida Supreme Court finally addressed the application of the statute of limitations in a re-filed mortgage foreclosure action. In
For mortgage loans that have been bundled into mortgaged backed securities and other collateralized debt obligations ("collectively, "CDO's"), the
A new rule passed Jan. 15 gives mortgage lenders an additional year to institute appraisal standards for higher-risk loans. Six agencies were
Mortgage priority lawsuits continue to attract the attention of the New Jersey courts. In that context, the theory of equitable subrogation continues
An interesting challenge is being played out in the federal court in Pennsylvania regarding the way most mortgage assignments are now handled within the land record system.
The Appellate Division recently issued its decision in GMAC Mortgage, LLC v. Clyde Fraser and Toye Fraser, and held that financing by an unlicensed financial entity does not render the debt instruments illegal and unenforceable against the borrower.
The Appellate Division recently issued its decision in Bank of America, N.A. v. Princeton Park Associates, L.L.C. and considered whether acceptance of late payments by a lender modified the terms of the loan documents and constituted a waiver of the lender's rights
The obligations of a landlord as an owner of a commercial property (i.e., office, retail, manufacturing facility, warehousedistribution facility, etc.) to repair and restore casualty damage to such property are found in two documents pertaining to the property (i) a mortgage and security agreement constituting a lien on the property when recorded in the County Clerk’s office where the property is situate and (ii) a lease between the landlord and tenant.
The New Jersey Appellate Court has recently ruled that a receiver can be sued for injuries sustained in a building under the receiver’s control.
Gurriere v. Brookdale Condominium Associates, Superior Court of New Jersey, Chancery Division, Essex County, Docket No. C-143-00 (2012) involves the interpretation of the portion of the Condominium Act that governs the transition of control over a condominium from the sponsor to the other unit owners.