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  • Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult September 20, 2017
    A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators, servicers, and other...By: Bradley Arant Boult Cummings LLP
  • Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds September 20, 2017
    Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action against him. After losing...By: Bass, Berry & Sims PLC
  • Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017 September 20, 2017
    REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing LP, Case No. 2D15-3495 (Fla....By: Carlton Fields
  • Important Lessons for Mortgage Lenders in Delaware September 20, 2017
    In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s decision in Shrewsbury v....By: Pepper Hamilton LLP
  • Alarming Trend Continues with Weymouth Condo Fire September 20, 2017
    Yet another under-construction residential complex nearing completion has been ravaged by fire, this time in the South Shore community of Weymouth, Massachusetts. In the early morning hours of Sept. 14, a four-alarm fire at the Woodstone Crossing...By: Zelle LLP
  • Hurricane Recovery Contractors Beware September 19, 2017
    The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that will bring federal money...By: Bass, Berry & Sims PLC