Category Archives: Foreclosure
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The Council of the District of Columbia Approves Emergency Bill Expanding Foreclosure Protections
On March 3, 2020, the Council of the District of Columbia approved an emergency bill amending certain portions of the Housing Finance Agency Act to extend the Agency’s Reverse Mortgage Insurance and Tax Payment Program (ReMIT). ReMIT is a pilot program crafted to address seniors facing foreclosure on a reverse mortgage by providing subsidy payments (up to $25,000) to help ... Read More
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Additional Practical Analysis: Obduskey v. McCarthy & Holthus LLP
The U.S. Supreme Court ruled unanimously on March 20, 2019 in Obduskey v. McCarthy & Holthus LLP that a law firm hired to pursue a nonjudicial foreclosure under Colorado law was not a debt collector under the Fair Debt Collection Practices Act (FDCPA). In a nonjudicial foreclosure, notice to the parties and sale of the property occur outside ... Read More
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Commercial Tenant’s Lease – Estoppel and Attornment Considerations
A standard provision of commercial lease agreements is an agreement by the Tenant to execute estoppel certificates, and to attorn to a lender. An estoppel certificate is a statement from the tenant to either a lender or a prospective purchaser that clarifies: what property is leased (often includes square footage) the length term of the lease that the lease has or ... Read More
Maryland Court of Special Appeals: When A Foreclosure Sale Is Challenged
Noting that “in mortgage foreclosure law, as elsewhere, society’s interest in finality and repose is a weighty one,” in Devan v. Bomar the Maryland Court of Special Appeals ruled against a homeowner and found that her post-sale foreclosure challenge was too late. Mr. and Mrs. Bomar owned ... Read More
District Courts Have Original, But Not Exclusive, Jurisdiction Over Bankruptcy Issues
The decision in Houck v. Substitute Trustee Services, Inc. concerned a foreclosure sale that occurred after a bankruptcy petition had been filed and the automatic stay under 11 USC sec. 362(k) was in effect, but the panel opinion by Judge Niemeyer contains several important rulings that all litigators ... Read More
TAGGED: foreclosures, bankruptcy, Fourth Circuit
MD Court of Special Appeals: Greentree Series V, Inc. v. Hofmeister
In a matter of first impression, the Maryland Court of Special Appeals held in Greentree Series V, Inc. v. Hofmeister that the word “or” in Md. Rule 14-305(g) was to be read literally to give a trial court an either/or option, thus precluding the trial court from granting both options in relief. The Rule in question states that when a ... Read More