Recent Case Decisions articles

Lease-option and tenancy agreements

Does a contract of sale establish a buyer-seller relationship protecting the buyer from eviction upon default?

Does a contract of sale establish a buyer-seller relationship protecting the buyer from eviction upon default?

A disguised security device is used to mask a tenancy agreement as a sale. Confusion ensues.

Anti-deficiency protections

Can a mortgage holder enforce a homeowner’s waiver of their anti-deficiency protections on a short sale?

Coker v. JP Morgan Chase Bank, N.A. Facts: A homeowner defaults on their purchase-assist mortgage and the mortgage holder records a notice of default (NOD). The mortgage holder consents to a short sale of the property on the condition the homeowner remain liable for any deficiency. The property is sold for an amount less than

Property is protected from foreclosure while loan modification is pending.

Can a mortgage holder foreclose on a property while processing a request for loan modification?

Majd v. Bank of America, N.A., et al. Facts: An owner purchases residential property funded by an adjustable rate mortgage (ARM). When the ARM interest rate resets upward, the owner goes into default and requests a loan modification under the Home Affordable Mortgage Program (HAMP). While the loan modification is under review, the mortgage holder

When does the amount owed on a judgment lien become fixed?

When does the amount owed on a judgment lien become fixed?

Recent Case Decision: A divorced spouse obtains a spousal support judgment against their former partner. The former partner later purchases a residential property. A judgment lien attaches to the title of the property due to the spousal support judgment. The amount of the judgment lien becomes fixed at the time the property is either encumbered or sold.

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