Trustee’s mistake voided California foreclosure sale 
Published: May 23, 2013
Tags: foreclosure, mortgages, non-judicial foreclosure
A trustee could void a nonjudicial foreclosure sale based on its mistake in communicating the lender’s opening bid to the auctioneer, the California Supreme Court has ruled in reversing judgment.
MERS had standing to authorize foreclosure
Published: April 30, 2013
Tags: foreclosure, MERS, Mortgage Electronic Registration Systems
The company that operates a national electronic mortgage registry had standing to authorize a nonjudicial foreclosure under state law, the Idaho Supreme Court has ruled in affirming a dismissal.
Foreclosure invalid due to unrecorded assignment
Published: April 22, 2013
Tags: assignment, foreclosure, mortgages
A foreclosure sale could be set aside due to the mortgagee’s failure to ensure that all assignments of the mortgage were properly recorded beforehand, the Minnesota Supreme Court has ruled in affirming judgment.
Iowa attorneys suspended for house flipping scheme
Published: March 7, 2013
Tags: attorney discipline, client communication, conflict of interest, ethics, foreclosure, real estate, Rules of Professional Conduct
The Iowa Supreme Court has suspended two attorneys who failed to fully disclose that they were behind the purchase of a home their client had foreclosed upon and put up for auction.
Foreclosure lawful despite MERS assignment
Published: February 26, 2013
Tags: consumer protection, foreclosure, MERS
The assignment of a mortgage by Mortgage Electronic Registration Systems was valid under state law and allowed the current mortgage holder to proceed with foreclosure, the 1st U.S. Circuit Court of Appeals has ruled in affirming judgment.
Mortgage foreclosure is ‘debt collection’ under FDCPA
Published: January 17, 2013
Tags: debt collection, Fair Debt Collection Practices Act, FDCPA, foreclosure, mortgage
A law firm that filed an action to foreclose on a mortgage engaged in “debt collection” subject to the requirements of the Fair Debt Collection Practices Act, the 6th Circuit has ruled in reversing a dismissal.
Law firm can’t pursue foreclosure to collect its fees
Published: January 9, 2013
Tags: attorney fees, foreclosure, Illinois Attorneys Lien Act
State law did not permit a law firm to file a foreclosure action to collect a statutory attorney fees lien, the Illinois Appellate Court has ruled in affirming a dismissal.
Foreclosure following FDIC assignment voidable
Published: January 7, 2013
Tags: FDIC, Federal Deposit Insurance Corporation, foreclosure
The holder of an FDIC-assigned mortgage was required to record the assignment in order to accomplish a foreclosure by advertisement under state law, the Michigan Supreme Court has ruled in reversing a summary judgment.
Calif. suit filed over alleged attorney-assisted loan scam
Published: January 7, 2013
Tags: consumer law, foreclosure, fraud, Lawyers’ Committee for Civil Rights Under Law, loan modification, loan scam, loans, mortgage modification
A loan modification company, aided by an attorney, has defrauded homeowners in 10 states of thousands of dollars, according to a new lawsuit filed in California state court.
HUD infraction may be defense to foreclosure
Published: December 18, 2012
Tags: Department of Housing and Urban Development, Federal Housing Administration, foreclosure
Homeowners could seek to enjoin foreclosure based on their lenders’ alleged failure to follow servicing regulations of the Department of Housing and Urban Development (HUD), the California Court of Appeal has ruled in reversing a dismissal.
