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11 Dec 2023, 10:00 pm by Sherica Celine
Oversecured Creditor's Right to Contractual Default-Rate Interest Allowed under State Law See this analysis of a Bankruptcy Appellate Panel's decision to allow an oversecured creditor's claim for interest at the contractual default rate. [read post]
12 Jul 2013, 2:38 pm
The Proprietary Lease contains provisions for the cooperative's board's response to a default, typically commenced by the service of a default notice, which may result in the service of a termination notice. [read post]
21 Oct 2019, 8:29 am
If you are far enough behind that you are in default, the lender could initiate foreclosure and eventually seize your home. [read post]
16 May 2019, 1:13 pm by Todd Murray
If you default on a federal student loan, the Department of Education has the power to garnish your wages and use your tax refund as an offset. [read post]
1 Jun 2021, 7:50 am by David Friedman
These judgments were obtained by default because the consumer didn't show up in court. [read post]
12 Nov 2013, 6:59 am
A loan servicer that has been assigned a debt that is in default, is more akin to a debt collector because it chose to be in the business of default loan servicing. [read post]
23 Jul 2020, 6:50 am
COMMERCIAL LANDLORDS MAY BE REQUIRED TO MITIGATEIn a long-overdue and groundbreaking development for commercial landlords and their tenants, New York State finally appears poised to pass a bill that would impose a duty on landlords to mitigate damages when commercial tenants default under their leases and prematurely abandon or vacate their spaces. [read post]
21 Dec 2014, 12:55 pm by Jordan Bublick
Some homeowners with defaulted mortgages or mortgages in foreclosure may be proceeding on assumptions that are contrary to the Court of Appeals new ruling. [read post]
16 Jun 2011, 6:43 pm by Adam Levitin
My working assumption up to this point has been that the documentation problems have been a function of corner cutting with securitization based on the assumptions that (1) the loans would perform better than they did and (2) those that defaulted would result in default judgments in foreclosure, so no one would ever notice the problems. [read post]
8 Nov 2011, 12:17 pm by malik
New default notices were way down last month in Las Vegas (116 or so) and foreclosure filings in Nevada plunged in October during the first month of a new state law. [read post]
16 Jul 2012, 12:41 pm by David Lindner
Attorney Matthew Duncan presents the following article on collecting judgments against defaulting tenants:  When rental property owners file a lawsuit to evict a tenant (called a forcible entry and detainer action), the complaint typically contains a second cause of action for unpaid rent. [read post]
22 Jun 2021, 6:02 pm by Jon Sands
  Thus, the panel concluded, the defaulted IAC claim was not “substantial,” and the district court correctly denied the claim as procedurally defaulted. [read post]
19 May 2017, 4:50 pm by gennie
Adding new tracking options that users are opted into by default suggests that Twitter cares more about collecting data than respecting users’ choice. [read post]