News & Analysis as of

Assignments › Foreclosure › Mortgages

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -
Cadwalader, Wickersham & Taft LLP

Summertime Done Come and Gone My Oh My, August 26, 2025 - But Who Can Unlearn All the Facts That I’ve Learned: Facts Matter for...

Cadwalader, Wickersham & Taft LLP on

In a recent foreclosure action, Plaintiff Lakeview Loan Servicing, LLC (“Lakeview”) sought summary judgment against Defendant Andrew Branley (“Branley”). Lakeview claimed that Branley executed a Note to JPMorgan Chase Bank,...more

Bradley Arant Boult Cummings LLP

FHA Extends Non-Borrowing Spouse Protections

Bradley Arant Boult Cummings LLP on

The United States Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2019-15, in which it announced several modifications to the Mortgagee Optional Election (MOE) Assignment claim process for Home...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

Patton Sullivan Brodehl LLP

The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters

Patton Sullivan Brodehl LLP on

For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful foreclosure based on defective assignments of the note or deed...more

Troutman Pepper Locke

Important Lessons for Mortgage Lenders in Delaware

Troutman Pepper Locke on

In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s...more

BCLP

Need Another Reason To Avoid Mixing Family & Finances?

BCLP on

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more

Butler Snow LLP

Sixth Circuit Nixes TILA Rescission Claim

Butler Snow LLP on

Two homeowners tried to rescind their home mortgage loan when they weren’t notified that the deed of trust had been assigned. Although this argument may have been a creative way to stave off a foreclosure, it was not...more

Holland & Knight LLP

West Coast Real Estate Update: March 2016 #1

Holland & Knight LLP on

Supreme Court of California Makes Mortgage Due Diligence More Difficult - The Supreme Court of California ruled that borrowers have standing to challenge a foreclosure on the grounds that an assignment of the mortgage...more

Troutman Pepper Locke

California Supreme Court Finds Borrowers Have Standing To Challenge “Void” Assignment Of Loan After Foreclosure Sale

Troutman Pepper Locke on

On February 18, 2016, the California Supreme Court issued its eagerly anticipated decision inYvanova v. New Century Mortgage Corporation, et al., Case No. S218973, finding that a borrower has standing to state a claim for...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Court of Appeals Upholds MERS’ Authority to Assign Mortgages

Bradley Arant Boult Cummings LLP on

The Fifth Circuit Court of Appeals recently handed Mortgage Electronic Registration Systems, Inc. (MERS) another victory against challenges to MERS’ authority to assign a mortgage. In Ferguson v. Bank of New York Mellon, the...more

Miles & Stockbridge P.C.

Mortgage Assignment Validity

Miles & Stockbridge P.C. on

In Marcuzzo v. Bank of the West, 862 N.W. 2d 281 (Neb. 2015), the Nebraska Supreme Court upheld a lower court’s ruling that the borrower-plaintiffs in a consumer foreclosure action lacked standing to challenge the validity of...more

Seyfarth Shaw LLP

Court Decisions Extend Chicago’s Transfer Tax Ordinance to Cover Mortgage Assignment

Seyfarth Shaw LLP on

Earlier this month, in a case of first impression, the Circuit Court of Cook County, Illinois in the consolidated cases of City of Chicago v. KTCP 225, LLC, Case No. 13 L 050290, and City of Chicago v. Horizon Group XXI, LLC,...more

Bradley Arant Boult Cummings LLP

No Notice of Mortgage Assignment in Florida? No Problem

Bradley Arant Boult Cummings LLP on

Earlier this month, the United States District Court for the Southern District of Florida in Summerlin Asset Mgmt. V Trust v. Jackson decided an issue of first impression regarding whether compliance with Florida Statute...more

Bradley Arant Boult Cummings LLP

Borrowers Cannot Challenge Mortgage Assignments, Says Nebraska Joining Other States

Bradley Arant Boult Cummings LLP on

Attacking sufficiency, accuracy, or validity of assignments of mortgages and deeds of trust has been among the most common strategies employed by borrowers to challenge foreclosures. Allegations regarding the status of MERS,...more

Carlton Fields

Use of Prior Servicer’s Records at Trial Depends on Proper Foundation

Carlton Fields on

Mortgage servicing duties are routinely transferred, requiring lenders, servicers and financial institutions to rely on the prior servicer’s business records to prove their cases against borrowers – specifically, to prove the...more

Foley & Lardner LLP

UDAAP Council Weekly UDAAP Standards Report - 12/10/2014

Foley & Lardner LLP on

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the...more

Ballard Spahr LLP

Alabama Federal Court Ruling May Enable Borrowers with Tenants To Challenge Foreclosures

Ballard Spahr LLP on

A recent decision from the U.S. District Court for the Northern District of Alabama may provide borrowers who rent portions of their property to tenants with an avenue for challenging a foreclosure. The court's analysis...more

Baker Donelson

Extraordinary Florida Foreclosure Remedies

Baker Donelson on

When servicers or lenders think of having to foreclose on commercial property in the State of Florida, what immediately comes to mind is a lengthy judicial foreclosure process, and difficulty in enforcing rights provided in...more

Winthrop & Weinstine, P.A.

Failure to Comply with Minnesota's Statutory Requirements in Foreclosure by Advertisement Costs Lender

Winthrop & Weinstine, P.A. on

Lenders foreclosing by advertisement in Minnesota must comply with many technical requirements. One requirement is "that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been...more

Pullman & Comley, LLC

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

Pullman & Comley, LLC on

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Miller Canfield

Michigan Supreme Court Issues Opinion on State’s Foreclosure Statute

Miller Canfield on

Shortly before the end of 2012, the Michigan Supreme Court issued its first opinion in a calendar case on Michigan's foreclosure statute in nearly 20 years. In Kim v JPMorgan Chase Bank, N.A., --- Mich ----; --- NW2d ----...more

Snell & Wilmer

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

Snell & Wilmer on

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide