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    Michigan House Considers Bills Proposing Adoption of the Uniform Commercial Real Estate Receivership Act
    2017-11-02

    Two proposed bills are working their way through the Michigan Legislature that would significantly impact state law pertaining to commercial real estate receiverships.

    Specifically, House Bills 4470 and 4471 were approved by the Michigan House of Representatives in early November 2017 and have been sent to the State Senate for consideration.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Real Estate, Foster Swift Collins & Smith PC, Commercial property
    Authors:
    Scott H. Hogan , Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Fla. App. Court (4th DCA) Reverses Dismissal of Re-Filed Foreclosure Action Citing Bartram
    2017-10-19

    The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action based on res judicata and the statute of limitations, holding that the Florida Supreme Court’s recent ruling in Bartram v. U.S. Bank National Association and its progeny controlled.

    In so ruling, the Court confirmed that a second foreclosure action is not barred by the statute of limitations or res judicata where continuing payment defaults occurred within the five years preceding the filing of the second foreclosure action. 

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Statute of limitations, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Insolvency Law e-Bulletin
    2017-10-23

    SUMMARY

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Calbar BLS, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Calbar BLS
    Double Whammy: In a Sweeping New Opinion, the Ninth Circuit Creates a New Mechanism for Completely Wiping Out Unexpired Leases in Bankruptcy, and Also Undercuts a Critical Protection for Buyers in 363 Sales
    2017-10-05

    In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code to sell real property free and clear of unexpired leases without affording the non-debtor lessees the right to retain possession of the property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Sheppard Mullin Richter & Hampton LLP, Ninth Circuit, United States bankruptcy court
    Authors:
    Michael M. Lauter
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    5th Cir. Holds Non-Compliance With Texas Foreclosure Rule Did Not Void Foreclosure
    2017-10-05

    The U.S. Court of Appeals for the Fifth Circuit held that the trial court had jurisdiction to hear a case based on a final foreclosure order entered in Texas state court, and that the borrowers’ due process rights were not violated where the state court entered a foreclosure order without first having a hearing, in violation of the state statute. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Foreclosure, Fifth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    CFPB Issues Interim Final Rule Regarding Foreclosure Communications; Seeks Comment on Proposed Rule About Periodic Statements During Bankruptcy
    2017-10-05

    On October 4, the CFPB announced one change and one proposed change to the amendments to its mortgage servicing rules under Regulations X and Z.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Federal Register, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Illinois App. Court (1st Dist) Rejects Land Trust Beneficiary’s Effort to Challenge Foreclosure
    2017-10-09

    The Appellate Court of Illinois, First District, recently held that where the beneficiary of a land trust filed a motion to intervene in a foreclosure, the trial court did not abuse its discretion in denying the motion to intervene because the beneficiary filed the motion after the trial court had entered the order confirming the foreclosure sale.

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

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Illinois Appellate Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Post-Foreclosure Considerations: When the Association Owns a Unit
    2017-10-04

    The Association has completed its lien foreclosure action and is now the owner of a unit. Now what?

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Husch Blackwell LLP, Foreclosure
    Authors:
    Daniel J. Miske , Lydia J. Chartre
    Location:
    USA
    Firm:
    Husch Blackwell LLP
    NJ Supreme Court Enforces Modification Settlement Made Through Residential Mortgage Foreclosure Mediation Program
    2017-10-03

    The Supreme Court of New Jersey reversed the decision of the Appellate Court, and held that a settlement that a borrower and a lender reached during mediation pursuant to the Residential Mortgage Foreclosure Mediation Program was enforceable because the borrower fulfilled all contingent terms making the agreement permanent. 

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

    Filed under:
    USA, New Jersey, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, New Jersey Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Illinois App. Court (1st Dist) Holds Challenges to Foreclosure Failed for Lack of Diligence
    2017-09-27

    The Illinois Appellate Court for the First District recently held that the trial court correctly affirmed a judicial sale and denied a motion to reconsider where an intervenor and alleged owner of the property claimed the mortgage was wiped out by the death of the sole mortgagor, who was only a joint tenant in the property at the time the mortgage was executed.

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

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