by Lawrence Szabo, Esq. | Jan 17, 2015 | Case Decisions, Ownership and Transfer of Interest
US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought to have a foreclosure sale conducted by the community homeowners association approximately two and one-half hours prior to the filing of a Chapter...
by Lawrence Szabo, Esq. | Dec 16, 2014 | Case Decisions, Construction Defects, Ownership and Transfer of Interest
Iowa Supreme Court decision (December 12, 2014). In this case, a bank acquired title to an apartment complex by accepting a deed in lieu of foreclosure. The bank subsequently discovered that the property was mold-infested and filed suit against the builder of the...
by Lawrence Szabo, Esq. | Dec 15, 2014 | Case Decisions, Ownership and Transfer of Interest
Texas Appellate Court decision (November 26, 2014) In this case, a homeowners association brought suit against a homeowner member of the association to collect unpaid assessments, late fees, attorney fees, and to foreclose on the homeowners separate interest in the...
by Lawrence Szabo, Esq. | Dec 11, 2014 | Ownership and Transfer of Interest
The Real Estate Settlement Procedures Act (RESPA) is federal law (found in 12 U.S.C.A. §§ 2601 et seq.) that pertains to transactions in which there is a “federally related mortgage loan.” RESPA places controls over the settlement process (close of escrow)...
by Lawrence Szabo, Esq. | Dec 9, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Appellate Court decision (December 5, 2014). This case involved claims by a foreclosing mortgage lender that it was entitled to limited liability under Florida’s safe harbor statutes for a homeowners association’s past unpaid assessments...
by Lawrence Szabo, Esq. | Nov 7, 2014 | Case Decisions, Ownership and Transfer of Interest
Texas Appellate Court decision (November 4, 2014). A homeowners association filed an action for damages and foreclosure against homeowners that wee delinquent in the payment of assessments owed to the association. The homeowners failed to appear in the action and the...
