In a unanimous decision, the california supreme court overturned the Court of Appeal, ruling the purchaser at a foreclosure sale, in this case, Dr. Leevil, must perfect his title and be the legal owner following recordation of a trustee’s deed, then serve the 3-day notice of eviction.
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For the past several years, the city of Philadelphia has made a concerted effort to sell tax delinquent properties through the tax foreclosure sale process under the Municipal Claims and Tax Lien Act, 53 P.S. Section 7101 et seq.. In a pair of rulings handed down by the Commonwealth Court within the past two months, desperate attempts by property owners to overturn tax sales orchestrated by.
Fannie Mae: Homebuyers, mortgage lenders getting excited about 2015 prospects SEE ALSO: Home Buyers. Inside Mortgage Finance. To compete for fewer borrowers, lenders have loosened their underwriting requirements, allowing smaller down payments (as little as 3%) and higher.
The decision. after a foreclosure sale is completed and a redemption period has lapsed, the appeals court said. Also, the opposing parties haven’t debated whether the homeowners have an “adverse.
Court of Appeals upholds ruling on surplus funds remaining after foreclosure. The Court of Appeals holds that, pursuant to MCL 600.3252, a junior mortgagee was entitled to the surplus funds remaining after the foreclosure sale of a first mortgage had satisfied the first mortgage in full.
A New York state appeals court overturned a ruling in favor of the mortgage electronic registration Systems, finding Bank of New York did not have standing to initiate a foreclosure. The June 7 decision, issued by the Supreme Court of the State Of New York Appellate Division, reversed the lower court’s ruling and granted the borrower’s.
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After Mulcahy missed the administrative-appeal deadline, APCHA sued him in district court seeking to compel him to list the home for sale. judge chris seldin ruled in APCHA’s favor in summer 2016, and.
The trial court found in favor of the lender but the Appeals Court panel – citing the Supreme Judicial Court’s Ibanez decision (see related commentary here) – reversed, ruling that the evidence was insufficient to show that the lender was the "holder" of the mortgage (by assignment from MERS) at the time the foreclosure was noticed.
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· The Circuit Court found her testimony to that effect to be “uncontroverted” and set aside the foreclosure sale. Id. at 255, 988 A.2d 530. The Court of Special Appeals upheld that decision despite the timing of the exception, reasoning that a circuit court exercises broad equitable powers in a foreclosure action. Id. at 269, 988 A.2d 530.