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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/retpmrtges0032 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations PROPERTY 3D (MORTGAGES) CHAPTER 2. FUTURE ADVANCES § 2.3 Priority of Future Advances Wash.2022. Cit. in sup. Holder of senior deed of trust filed a motion for approval of claim on proceeds of the sale of real property pursuant to receivership; holder of junior deed of trust opposed the motion, arguing that it was materially prejudiced by senior holder's future advances, which modified senior holder's mortgage to maintain priority over junior holder's. The trial court granted senior holder's motion for approval. The court of appeals affirmed. This court reversed and remanded to the trial court, holding that further findings were required to determine whether the senior deed contained a future- advances clause, and whether senior holder's future advances maintained its priority. The court noted that the parties erroneously used the terms future advances and mortgage modifications interchangeably, and pointed out that they failed to cite Restatement Third of Property: Mortgages § 2.3, which directly addressed the doctrine of future advances in the context of mortgages. Matter of EM Property Holdings, LLC, 511 P.3d 1258, 1265. CHAPTER 3. MORTGAGOR'S EQUITY OF REDEMPTION AND MORTGAGE SUBSTITUTES Introductory Note Mass.2022. Intro. Note cit. in ftn. Assignee of a residential mortgage loan filed a summary-process action against borrowers, seeking possession of the property after they defaulted on the loan; borrowers counterclaimed, alleging that lender violated state statutes protecting consumers and prohibiting predatory home-loan practices. The trial court granted summary judgment for lender on borrowers' counterclaims. The court of appeals affirmed. This court reversed in part, holding that borrowers could assert their counterclaim under the statute prohibiting predatory home-loan practices as a defense to lender's eviction action. In making its decision, the court noted that, under the Restatement Third of Property. Mortgages, the equity of redemption was inseparable from the mortgage and did not continue past foreclosure. HSBC Bank USA, N.A. v. Morris, 190 N.E.3d 485, 496. CHAPTER 5. TRANSFERS OF MORTGAGED REAL ESTATE AND MORTGAGES COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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