Archives For: Supreme Court

Supreme Court Allows Evictions to Resume During Pandemic

The Supreme Court is allowing evictions to resume across the United States. The unsigned opinion indicated that the Centers for Disease Control and Prevention lacked the authority under Federal law.

26 Aug 2021

Supreme Court Blocks Part of New York’s Eviction Moratorium

The Hill published an article outlining a Supreme Court decision temporarily blocking part of an eviction moratorium put in place by New York state amid the COVID-19 pandemic.

12 Aug 2021

Supreme Court Debates Meaning of ‘Debt Collector’ in Foreclosure Protections Case

HousingWire published an article outlining a new Supreme Court ruling that has awarded mortgage lenders and servicers additional protection when serving non-judicial foreclosures.

20 Mar 2019

State Supreme Court Restores Powerful Blight-Fighting Tool

Plan Philly published an article discussing a recent Pennsylvania Supreme Court ruling that reaffirms the City of Philadelphia’s ability to force property owners to maintain the appearances of their vacant buildings.

25 Sep 2018

State Supreme Court Issues Foreclosure Ruling

DS News published an article outlining a recent Wisconsin Supreme Court case where it was decided that claim preclusion does not prevent a lender from bringing further foreclosure actions if a borrower remains in default after the initial dismissal.

8 Jun 2018

North Carolina Supreme Court Adopts “Substantial Competent Evidence” Requirement for Borrowers Asserting “True Value” Defense in Foreclosure Deficiency Actions

The National Law Review published an article authored by Lance P. Martin of Ward and Smith, P.A. In it, Martin details a recent North Carolina Supreme Court reversal of a 2015 Court of Appeals decision. 

9 May 2017

Brooklyn Court Quietly Moves to Toss Out Hundreds of Foreclosure Cases

DNA Info published an article outlining a plan by the Kings County, N.Y. Supreme Court to dismiss all foreclosure cases filed before January 1, 2016 that have seen no court activity after September 30, 2016.

8 May 2017

State Spotlight: Florida?s Supreme Court Ruling is a Win for Servicers

DS News published an article discussing a recent Florida Supreme Court ruling which decided that servicers may file new foreclosure actions against borrowers who won foreclosure cases more than five years ago if the borrowers defaulted again within five years of the first case’s dismissal.

11 Nov 2016