News & Analysis as of August 16, 2025

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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 +

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on 5/27/2025

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Immunity for Deed of Trust Foreclosure Trustees — Absolute or Qualified?

Patton Sullivan Brodehl LLP on 4/28/2025

Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust are privileged under Civil Code section 47. The...more

RPAPL 1501(4) and the Mortgagee in Possession Doctrine

Freiberger Haber LLP on 4/14/2025

Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums expended to preserve and maintain an allegedly abandoned...more

Navigating Desbrunes: Implications and the Case for Overturning

Bradley Arant Boult Cummings LLP on 4/10/2024

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

In Alabama, Not All Debts Are Created Equal

Bradley Arant Boult Cummings LLP on 11/15/2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 9, 2015

Carlton Fields on 10/13/2015

REAL PROPERTY UPDATE - Certiorari; discovery: Certiorari review was not available to an owner of property seeking review of a trial court’s order denying his discovery requests, where the order did not completely...more

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