Insights

What Conduct By a Lender or Servicer Constitutes Waiver of Acceleration?

Banking Law

March 29, 2016 / Jeff Novel

In Martin v. Federal National Mortgage Association, No. 15-41104 (5th Cir. Feb. 22, 2016), the Fifth Circuit issued its fourth opinion in recent months rejecting a borrower's assertion that a mortgage servicer waived acceleration of a loan by engaging […]

Payment at Foreclosure Sale Must Be Made Immediately or Within Reasonable Time.

Banking Law

March 24, 2016 / Jeff Novel

Jeff Heck ("Heck") sued CitiMortgage, Inc. ("CitiMortgage") over CitiMortgage's failure to allow his purchase of real property at a non-judicial foreclosure sale after Heck successfully bid on the foreclosure property, was given 20 minutes to obtain […]