default | firsttuesday Journal

The coming surge in mortgage modification defaults

by Benjamin J. Smith | Jul 19, 2021 | Mortgages, Real Estate | 0

This article forecasts a surge in mortgage modifications in the wake of the coming expiration of foreclosure moratoriums — which will in turn lead to a rise in re-defaulting borrowers.

Forbearance requests increase 100-fold in just seven weeks

by Carrie B. Reyes | May 5, 2020 | Economics, Finance, Fundamentals | 0

Nationally, 7% of mortgages were in forbearance in mid-April.

May a mortgage be assigned to a new loan servicer while it is in default?

by Benjamin J. Smith | Dec 31, 2019 | Real Estate, Recent Case Decisions | 0

Myles v. Pennymac Loan Services, LLC Facts: An owner defaults on a mortgage secured by their...

Does a lender who discusses foreclosure alternatives with a defaulting homeowner need to initiate the discussion to comply with the Homeowners’ Bill of Rights?

by Oscar Alvarez | Feb 1, 2019 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Schmidt v. Citibank, N.A. Facts: A homeowner obtains a mortgage from a lender then goes into...

May a trustee retain surplus funds from a foreclosure sale while a wrongful foreclosure action is pending?

by Oscar Alvarez | Jul 30, 2018 | Finance, Loan Products, Mortgages, Real Estate, Recent Case Decisions | 2

Placer Foreclosure, Inc. v. Aflalo Facts: A homeowner obtains a mortgage from a lender, which is...

Tax-defaulted property owners may not repurchase property for less than the minimum bid

by Benjamin J. Smith | Nov 20, 2017 | Laws and Regulations, New Laws, Real Estate | 0

A prohibition against repurchasing tax-defaulted property at a price below the minimum bid.

Trustee’s fees in a nonjudicial foreclosure

by Giang Hoang-Burdette | Oct 25, 2016 | Mortgages, New Laws, Real Estate | 0

Maximum base fees charged by trustees in a nonjudicial foreclosure have been increased.

Then and now: Mortgage delinquencies

by ft Editorial Staff | Jun 6, 2016 | Finance, Mortgages, Real Estate | 0

Mortgage delinquency rates have reached their lowest level since 2007.

The Three-Day Notice to Pay Rent or Quit: a landlord’s remedy for a material breach

by ft Editorial Staff | Feb 1, 2016 | Forms, Real Estate | 0

Form-of-the-Week: Three-Day Notice to Pay Rent or Quit – With or Without Rent-Related Fees – Form...

Is rent paid and returned on a suspended lease due or in default when the lease is reinstated?

by Matthew Taylor | Jan 15, 2015 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Is rent returned on a suspended lease due or in default when the lease is reinstated?

Is an HOA required to accept partial payments on a delinquent assessment lien?

by Matthew Taylor | Nov 20, 2014 | Laws and Regulations, Real Estate, Recent Case Decisions | 2

When is a homeowner’s association able to foreclose on an owner for delinquent assessment payments?

Can a lender obtain a deficiency judgment against a borrower who agrees to repay the loan balance in a short sale agreement?

by Nicole Jessen | Aug 13, 2013 | Real Estate, Recent Case Decisions | 0

A borrower obtained a home equity loan secured by a second trust deed on their property. The borrower defaulted on their first loan and the first lender initiated foreclosure. The borrower sought to dispose of the property through a short sale and located a buyer.