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Tag Archives: foreclosure

Real Property – Commercial Mortgages – Guarantors – Foreclosure – Civil Practice – Notice (access required)

HomeTrust Bank v. Green When the plaintiff-bank foreclosed on a company’s deeds of trust, it served notice of the foreclosure hearings on the company in care of defendant Richard Green, who was the company’s registered agent and a guarantor of the company’s debt to the bank; therefore, Mr. Green had actual notice of the foreclosure proceedings.

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Landlord/Tenant – Real Property – Mortgage Foreclosure – Protecting Tenants at Foreclosure Act — Attempted Lease Renewal (access required)

Federal National Mortgage Association v. McLean The Protecting Tenants at Foreclosure Act of 2009 requires the new owner of foreclosed property to give tenants notice to vacate 90 days before the end of their leases. Where the plaintiff-owner gave the defendant-tenant notice of the foreclosure and instructions to vacate the premises six months prior to the end of his lease, the owner complied with the statute.

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