Recent Case Decisions articles

Road encroachment; tree removal

Can a property owner recover money losses from an encroachment which does not result in a loss of property value?

Can a property owner recover money losses from an encroachment which does not result in a loss of property value?

Money losses are sought after a neighbor’s encroachment in spite of the property’s increasing value.

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

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