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30 May 2011, 8:39 am by Law Lady
Weekly D1049bAttorney's fees -- Prevailing party -- Mutuality of obligation -- Mortgage foreclosure -- A defendant was entitled to recover attorney's fees as a prevailing party under section 57.105(7), where mortgage entitled mortgagee to reasonable attorney's fees for enforcement, after court granted motion to dismiss mortgage foreclosure and dismissed the case without prejudice -- Pleading requirement -- It was proper for defendant to seek attorney's… [read post]
30 May 2011, 4:00 am by Peter A. Mahler
On the same date, 5008 LLC received a mortgage loan from CPC in the amount of $1,485,000, leaving net proceeds of about $1 million. [read post]
27 May 2011, 8:56 am by Kali Borkoski
Rincon Band of Luiseno Mission IndiansDocket: 10-330Issue(s): (1) Whether a state demands direct taxation of an Indian tribe in compact negotiations under Section 11 of the Indian Gaming Regulatory Act, when it bargains for a share of tribal gaming revenue for the State's general fund; and (2) whether a court exceeds its jurisdiction to determine the State's good faith in compact negotiations under Section 11 of the Indian Gaming Regulatory Act, when it weighs the relative value… [read post]
27 May 2011, 8:10 am
Judge Massey held that the statute, when read as a whole, means that a mortgage must be properly attested or acknowledged before it can be duly filed and serve as constructive notice: A "duly" filed and recorded mortgage is obviously one that a clerk is authorized by law to record. [read post]
25 May 2011, 6:39 pm by Badrinath Srinivasan
The Supreme Court's decision can be downloaded from here.Booz Allen:In Booz Allen Hamilton v SBI Home Finance, the court held that a suit for enforcement of a mortgage by sale is not arbitrable. [read post]
25 May 2011, 2:31 pm by Daniel S. Swinton, Esq.
Planning steps may include executing advance directives and a power of attorney, putting assets in a trust, purchasing long-term care insurance, getting a reverse mortgage, creating a caregiver contract with an adult child, or transferring a house to children. [read post]
25 May 2011, 6:14 am
A mortgage servicing company such as LPP, BAC, PHH, Chase, Wells Fargo, etc. that does not own the loan but is "servicing it" -- collecting payments, handling escrow, etc -- is a debt collector . . . if it received the loan when the loan was in default. [read post]
25 May 2011, 5:01 am by James Edward Maule
The price for rates that would no longer generate visceral negativity from most taxpayers would be a farewell to depreciation deductions for properties increasing in value, credits for all sorts of personal and business activity that ought to take place only if the market encourages it or citizens vote to require it through direct regulation, exclusions for fringe benefits that generally favor well-compensated employees, and deductions for things such as home mortgage interest that… [read post]
24 May 2011, 8:34 am
Many of these second mortgages were granted during the housing bubble, when home prices were going in one direction only -- up, up and up. [read post]
23 May 2011, 11:18 am by Joel R. Brandes
Throughout their marriage, they lived a financially conservative lifestyle, resulting in no college loans for their four emancipated children and no mortgage on the marital home. [read post]
23 May 2011, 7:30 am by Nicole Kellner-Swick
  Second Mortgages are not covered under this Directive. [read post]
23 May 2011, 5:05 am
In In re Lehman Brothers Mortgage-Backed Securities Litigation, Nos. 10-0712-cv, 10-0898-cv, 10-1288-cv, 2011 WL 1778726 (2d Cir. [read post]
21 May 2011, 6:22 pm by Tomassi Law Associates
Judge Reidinger of Asheville said this is a case that pulls in opposite directions. [read post]
20 May 2011, 1:30 pm
 Moreover, the Court remarked that it was difficult to find a reasonable basis upon which to differentiate the mortgage lender from CSR because the plaintiffs explicitly directed various counts against both defendants. [read post]
18 May 2011, 7:49 pm by Kevin Funnell
Finally, on Dec. 15, 2010, Nationstar directed the Stern firm to transfer all of its cases to its substitute counsel. [read post]
18 May 2011, 10:06 am by James Hamilton
It would broadly apply new risk retention requirements to all sponsors of securitizations of mortgages and other assets.Responding to Senator Crapo, Lisa Pendergast, President of the Commercial Real Estate Finance Council, said that the risk retention regulations should be reproposed using information from the recent SEC forums on securitization. [read post]
16 May 2011, 6:35 am by Däna Wilkinson
No one knows whether the Court’s new order will help, and how the trial court judges will apply these new rules, but it’s certainly a step in the right direction. [read post]
16 May 2011, 5:21 am by Joel R. Brandes
Direction in Judgment to Pay "One-half of the Mortgage and Real Estate Charges of the Marital Residence and Half of the Cost of Any Repair to the Home in Excess of $750.00" Constituted an Improper Open-ended Obligation In Mosso v Mosso--- N.Y.S.2d ----, 2011 WL 1733948 (N.Y.A.D. 2 Dept.) defendant appealed from so much of a judgment of the Supreme Court as (1) imputed an annual income to him of $52,000 for the purpose of calculating his child support obligations, (2)… [read post]