Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    New York Court Enforces Provision Waiving Tenant's Right to Yellowstone Injunction, Providing Commercial Landlords Possible Path To Strengthen Eviction Rights
    2018-03-14

    Commercial landlords in New York often find that their efforts to evict defaulted tenants are frustrated when, after serving the defaulting tenant a notice to cure, the tenant obtains a “Yellowstone” temporary restraining order (TRO) pursuant to First National Stores v. Yellowstone Shopping Center, 21 N.Y.2d 630 (1968). As discussed below, a recent New York decision may allow a landlord to avoid a Yellowstone injunction by including lease language waiving the tenant’s rights to declaratory and injunctive relief.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Jenner & Block LLP
    Authors:
    Anthony B. Borich , Kristen M. Boike , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    CFPB Finalizes Single-Statement Transition Period for Mortgage Statements to Borrowers in Bankruptcy
    2018-03-14

    On March 8, the Consumer Financial Protection Bureau (“CFPB”) finalized the amendment to its 2016 Mortgage Servicing Final Rule (“2016 Final Rule”) to clarify the transition timing for mortgage servicers to provide periodic statements and coupon books when a consumer enters or exits bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Mayer Brown, Consumer Financial Protection Bureau (USA)
    Authors:
    Kris D. Kully , Elyse S. Moyer
    Location:
    USA
    Firm:
    Mayer Brown
    CFPB Finalizes Further Changes to Mortgage Servicing Rules
    2018-03-09

    On March 8, 2018, the Consumer Financial Protection Bureau (CFPB or Bureau) finalized certain changes to its mortgage servicing rules. The Bureau issued a final rule1 to provide mortgage servicers with more flexibility and certainty regarding requirements to communicate with borrowers under the CFPB’s 2016 mortgage servicing amendments. 

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Kilpatrick Townsend & Stockton LLP, Bankruptcy, Debtor, Consumer Financial Protection Bureau (USA), Truth in Lending Act 1968 (USA)
    Authors:
    Gary R. Bronstein , Christina M. Gattuso , Aaron M. Kaslow
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    FHA and VA extend foreclosure moratoriums on certain disaster areas
    2018-03-06

    On March 1, the Federal Housing Administration (FHA) released Mortgagee Letter ML 2018-02 (ML 2018-02), which extends the 180-day foreclosure moratorium on FHA-insured properties in Puerto Rico & the U.S. Virgin Islands affected by Hurricane Maria for an additional 60-days. The foreclosure moratorium is now in effect until May 18.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Orrick, Herrington & Sutcliffe LLP, Foreclosure, Federal Housing Administration
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction
    2018-03-06

    On January 31, 2018, the Appellate Division, Second Department affirmed,[1] in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s (collectively the “Tenants”) motion for a Yellowstone injunction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    6th Cir. BAP Holds Constructive Notice Did Not Bar Bankruptcy Trustee’s Challenge to Defectively Executed Mortgage
    2018-02-28

    The Bankruptcy Appellate Panel of the Sixth Circuit recently held that the constructive notice provisions of section 1301.401 of the Ohio Revised Code do not limit a bankruptcy trustee’s avoidance powers as a hypothetical judgment lien creditor under section 544(a)(1) of the federal Bankruptcy Code.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Constructive notice, Sixth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    New Jersey Appellate Court Holds Trial Court Must Determine Fair Market Value Credit of Foreclosed Properties to Ensure Lender Did Not Receive a Windfall
    2018-03-01

    In a decision approved for publication, New Jersey’s Appellate Division recently remanded an action to the Chancery Division in order to determine whether a lender improperly collected more than one-hundred percent of the debts owed to it. SeeBrunswick Bank & Tr. v. Heln Mgmt. LLC, 2018 WL 987809 (N.J. Super. Ct. App. Div. Feb. 21, 2018). In the case, the lender made five construction loans to two entities, which were guaranteed by the entities’ principal and his daughter.

    Filed under:
    USA, New Jersey, Banking, Insolvency & Restructuring, Litigation, Real Estate, Riker Danzig LLP, Foreclosure, Fair market value
    Authors:
    Michael R. O’Donnell
    Location:
    USA
    Firm:
    Riker Danzig LLP
    Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures
    2018-02-26

    On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees after successfully defending the foreclosure on the basis that the lender lacked standing to enforce the mortgage contract?

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Nicholas S. Agnello
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Pennsylvania Appellate Court Affirms Order Granting of Summary Judgment to Title Insurer Based on Survey Exception
    2018-02-27

    The Superior Court of Pennsylvania recently affirmed a trial court’s order granting a title insurance company summary judgment based on a defect that a survey of the premises would have shown. SeeKreider v. Correia, 2018 WL 359285 (Pa. Super. Ct. Jan. 11, 2018). In the case, the plaintiff insured purchased a property after the lender had obtained it via a foreclosure (the “Property”). Before plaintiff purchased it, the real estate agent informed him that the Property included a two-car garage and some other surrounding land.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Riker Danzig LLP, Foreclosure, Title insurance, Superior Court of Pennsylvania
    Authors:
    Michael R. O’Donnell
    Location:
    USA
    Firm:
    Riker Danzig LLP
    Illinois Supreme Court Holds Foreclosure Deadline to Challenge Service Tolled While Action Dismissed
    2018-02-20

    Reversing the rulings of both the appellate and the trial courts, the Supreme Court of the State of Illinois recently held that the deadline to file a motion to quash service under the Illinois Mortgage Foreclosure Law (IMFL) did not run while the foreclosure action was dismissed for want of prosecution.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Motion to quash, Illinois Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 110
    • Page 111
    • Page 112
    • Page 113
    • Current page 114
    • Page 115
    • Page 116
    • Page 117
    • Page 118
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days