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9 Aug 2016, 6:17 am by Coleman Braun
P. 19(a) to the plaintiff mortgagee without the junior mortgagee, as the junior mortgagee would still […]Coleman Braun [read post]
20 Jul 2016, 6:51 am by Coleman Braun
The Appellate Court of Illinois, Second District, recently held that when a mortgagee obtains a deficiency judgment in a foreclosure action, purchases the property at a judicial sale, and then resells it to a third party for an amount that exceeds the price paid at the judicial sale, the debtor is not entitled to a […]Coleman Braun [read post]
11 Jul 2016, 5:34 am by Coleman Braun
Here, the Court held that a Wisconsin judgment of foreclosure was not final and appealable when obtained […]Coleman Braun [read post]
7 Jun 2016, 9:10 am by Coleman Braun
Court of Appeals for the Eighth Circuit recently held that a bank was entitled to recover its cybertheft losses under its financial institution bond, despite its employee’s violation of the bank’s internal policies and procedures, and despite the bank’s failure to update its antivirus software, holding that Minnesota’s “concurrent causation” doctrine applies to […]Coleman Braun [read post]
6 Jun 2016, 6:01 am by Coleman Braun
Additionally, the Court held that the borrowers failed to state a plausible claim for […]Coleman Braun [read post]
8 Mar 2016, 9:12 am by Coleman Braun
Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed an order of the bankruptcy court granting a debtor’s motion to avoid a judgment creditor’s lien on the debtor’s residence held in tenancy by the entirety with his non-debtor spouse, holding because the lien “fixed” under the Bankruptcy Code and thus impaired the debtor’s […]Coleman Braun [read post]
25 Feb 2016, 8:07 am by Coleman Braun
The Supreme Court of Tennessee recently affirmed judgment on the pleadings in favor of a tax sale purchaser, holding that although a party challenging the validity of a tax sale for lack of notice does not have to tender the amount owed before filing suit under the Tennessee tax sale statute, MERS had no protected […]Coleman Braun [read post]
4 Jan 2016, 9:49 am by Coleman Braun
In so ruling, the Fifth Circuit affirmed the district court’s order granting summary judgment in the mortgagees’ favor due to insufficient evidence of damages, and […]Coleman Braun [read post]
12 Oct 2015, 3:22 am by Coleman Braun
Court of Appeals for the Eighth Circuit recently rejected an attempt to rescind a mortgage loan and recover damages under the federal Truth in Lending Act (TILA), affirming the district court’s grant of summary judgment in favor of the mortgagee because the borrowers only tried to cancel their mortgage loan before foreclosure proceedings […] Coleman Braun [read post]
24 Aug 2015, 10:40 am by Coleman Braun
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a class action by Missouri borrowers alleging that various assignees and purchasers of second mortgages charged or collected illegal fees in violation of the Missouri Second Mortgage Loan Act (MSMLA), holding that plaintiff borrowers lacked standing to sue the defendants who […] Coleman Braun [read post]