Tag Archives: foreclosures
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VA: Foreclosure Purchasers Face New Potential Hurdle In Virginia
In Parrish v. Federal National Mortgage Association, the Virginia Supreme Court ruled 5-2 that when a defendant raises a bona fide question of the plaintiff's title in an unlawful detainer/ejectment action before the General District Court, that court loses subject matter over the case and the plaintiff must vindicate its title in the Circuit Court, thereby creating another ... 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
DC: Defect in notice of foreclosure did not create substantial risk of misleading record owner
In Dennis T. Comer v. Wells Fargo Bank, NA, No. 13-CV-1025 (D.C. Jan. 29, 2015), the D.C. Court of Appeals was called upon to review whether the trial court had properly dismissed counts of an amended complaint in connection with a wrongful disclosure In 2008, Mr. Comer was approved for ... Read More
DC: Judicial Foreclosure
Judicial Foreclosure. Plaintiff, Defense, and Amicus have submitted proposed procedures for judicial foreclosure likely to be adopted by the DC Superior Court. Please click here to read. ... Read More
TAGGED: foreclosures, judicial foreclosures, washington dc