Foreclosing bank can’t set aside bankruptcy stay 
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
Recording of assignment isn’t necessary for foreclosure
Published: November 29, 2011
Tags: foreclosure
State law did not bar the commencement of foreclosure proceedings even though an assignment of a deed of trust for the borrower’s home had not been recorded, the Arizona Supreme Court has ruled in answering a certified question from a U.S. Bankruptcy Court.
Chapter 7 debtors could avoid liens to stop foreclosure
Published: November 18, 2011
Tags: automatic stay, Chapter 7, foreclosure
Chapter 7 debtors could avoid judicial liens on their homestead property in order to prevent a bank from continuing foreclosure proceedings, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Senate budget plan cuts legal aid funding by $8 million
By:
Kimberly Atkins
Published: September 20, 2011
Tags: budget, Congress, domestic violence, foreclosure, landlord-tenant disputes, legal aid, Legal Services Corporation, unemployment
WASHINGTON – Funding for the Legal Services Corporation, the nonprofit provider of civil legal aid for low-income Americans, would be reduced by $8 million in a plan approved by a Senate committee.
Borrowers sue over apparent loan mod mishaps
Published: July 8, 2011
Tags: Bank of America, foreclosure, loan modification, Massachusetts, mortgage, New York
A spate of lawsuits accuse some of the nation’s biggest banks of disregarding what should be binding agreements to reduce the monthly mortgage payments of troubled borrowers.
Successor property owner can’t evict tenant
Published: May 12, 2011
Tags: foreclosure, landlord/tenant, Protecting Tenants at Foreclosure Act
A successor property owner could not evict a tenant without providing the 90-day written notice required under a federal law protecting renters’ rights in the context of foreclosure, the Arizona Court of Appeals has ruled in reversing judgment.
Bank can be sued for foreclosing by deceptive means
By:
Pat Murphy
Published: February 2, 2011
Tags: CHAPTER 13, foreclosure, promissory estoppel
A bank may be liable for foreclosing on a home after allegedly promising to modify a mortgage in order get the homeowner to forgo the protections of bankruptcy, the California Court of Appeal has ruled in reversing a dismissal.
Mass. decision could wreak ‘havoc’ on mortgage industry
By:
Phillip Bantz
Published: January 10, 2011
Tags: foreclosure, mortgage, mortgage industry, U.S. Bank v. Ibanez
A recent decision from Massachusetts’ highest court could impact courts across the country and lead to a flood of overturned foreclosures, exacerbating the mortgage mess.
Court rules against banks on mortgage assignments
By:
Thomas Egan
Published: January 7, 2011
Tags: foreclosure
Massachusetts’ highest court has upheld a decision invalidating foreclosure sales conducted by two banks to which mortgages had been assigned.
Homeowner waived federal foreclosure defense
By:
Pat Murphy
Published: December 17, 2010
Tags: Federal Housing Administration, foreclosure, HUD, mortgage, real property
A homeowner could not set aside a foreclosure sale based on the lender’s alleged failure to comply with federal housing regulations prior to the sale, Maryland’s highest court has ruled.
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