Editor: David Reiss
Brooklyn Law School

May 9, 2016

Mortgage Servicers’ Unclean Hands

By David Reiss

Judge Butchko, sitting in a Florida Circuit Court, granted a homeowner’s motion for involuntary dismissal of a foreclosure because of the servicer’s unclean hands. There is a lot of interest in the order, but it is worth quoting at length the Court’s discussion … Continue reading

February 24, 2016

Challenging Wrongful Foreclosures

By David Reiss

The California Supreme Court issued an opinion a few days ago that has been getting a lot of attention, Yvanova v. New Century Mortgage Corp., S218973 (Feb. 18, 2016). The opinion opens by noting that The collapse in 2008 of the housing … Continue reading

August 31, 2015

Monday’s Adjudication Roundup

By Shea Cunningham

Thornburg Mortgage Inc. Ch. 11 trustee wins $45 million against RBC Capital Markets LLC for seizing and miscalculating the value of some mortgage-backed securities from Thornburg in 2007. Fidelity National Title Insurance Co. will not be liable for $38 million … Continue reading

July 30, 2015

Thursday’s Advocacy & Think-Tank Round-Up

By Serenna McCloud

Enterprise Community Partner’s and other affordable housing advocates have launched #CapsHurtCommunities, a campaign to raise spending caps imposed and restore critical funding. They are urging organizations and concerned citizens to reach out to Congress while the members on recess – asking them to … Continue reading

July 23, 2015

This Is What Bad Faith Looks Like

By David Reiss

A New York judge ruled in Federal National Mortgage Assoc. v. Singer, 2015 NY Slip Op. 51038(U) (July 15, 2015 Sup. Ct., New York County) (Moulton, J.) (unpublished opinion), that two lenders will forfeit more $100,000 in interest payments on two … Continue reading

July 6, 2015

Possession of Note Confers Standing to Foreclose

By David Reiss

Dale Whitman posted this discussion of Aurora Loan Services, LLC v. Taylor, 2015 WL 3616293 (N.Y. Ct. App., June 11, 2015) on the DIRT listserv: There is nothing even slightly surprising about this decision, except that it sweeps away a lot of confused and … Continue reading

June 3, 2015

Reiss on SCOTUS Junior Lien Decision

By David Reiss

Bloomberg BNA quoted me in Nagging Economic and Credit Questions Dampen Bankruptcy Victory for Bankers (behind paywall). It reads, in part: The U.S. Supreme Court delivered an important bankruptcy ruling for bankers that doesn’t, however, do anything about still-struggling homeowners (Bank … Continue reading