Foreclosure News

Excellent article by Professor Elizabeth Renuart for the William & Mary Law Review, entitled Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb?  New case out of California recognizing some basic principles homeowners have been fighting to have courts understand and apply: Glaski v. JPMorgan Chase Good new case by Arizona Supreme Court, Sullivan […]

Washington Attorney General Reaches Consent Decree With ReconTrust

ReconTrust is a Bank of America company that pretends to be an independent trustee under deeds of trust serviced and sometimes owned by other Bank of America affiliates. The AG for the State of Washington took Recon to task for failing to meet the obligations of a trustee under Washington’s non-judicial foreclosure statute. WA-Recontrust Consent […]

State Supreme Court Washington and Kentucky Analyze Rebuttal of Trustee’s Deed Presumption of Validity, and Lien Priority of MERS

A couple of recent mortgage-related state Supreme Court decisions:Wash SC Rebutted Presumption of Validity Trustee’s Deed   MERS v Roberts Ky SC Albice v. Dickinson, Cause No. 85260-0 (Wash. May 24, 2012)(presumption of validity of trustee’s deed rebutted) The trial court ruled that despite procedural noncompliance, the purchaser was a BFP under the statute and quieted […]

Hogan Highlights

Here is the AZ Supreme Court decision in Hogan v WaMu Hogan v WaMu AZ SC 2012 In my opinion, the best parts (even though some should be entirely obvious, in Arizona, they aren’t always) are: Hogan argues that a deed of trust, like a mortgage,“may be enforced only by, or in behalf of, a […]

U of A Law Professor Braucher on In re Vasquez Arizona Supreme Court

Professor Braucher’s observations of the justices’ questions and focus were similar to mine. I’m sure she was more professional about controlling her grimaces and facial expressions than I was.  I tried.  I promise.  But anyway, she wrote a great article on Credit Slips about it.  Here’s an excerpt: The Arizona Supreme Court currently has under review a […]

Round Up of State Supreme Court Decisions

How will our Arizona Supreme Court decide the certified questions in Vasquez?  I don’t know, but let’s look to other state supreme courts deciding issues of notes, deeds of trust, mortgages and foreclosure in the last year or two.  Obviously, there are varying questions before the respective courts, but the list is indicative of the […]