The New Jersey Supreme Court allowed a bank to foreclose on property without direct evidence that it had the right to foreclose. Ordinarily, the foreclosing entity must produce the note that memorializes the underlying debt. The UCC allows foreclosure when notes have been lost, UCC 3-309, if a “lost note affidavit” is filed with the court. In Investors Bank v. Torres, 2020 WL 3550701 (N.J. July 1, 2020), the homeowner borrowed money from one lender who filed a foreclosure action but...

The Hawai'i Supreme Court held that deficiency judgments should be measured by the difference between the unpaid debt and the property's fair market value rather than by reference to the difference between the unpaid debt and the foreclosure price. ...

Because the Texas partition statute requires the proceeds of a partition sale to be divided "according to [the owners'] just rights therein," joint tenants were entitled to 50% of the sale proceeds even though one of the co-owners had used his own funds to purchase the property. ...

California passed a statute prohibited private transfer fees unless used exclusively to support the encumbered property or cultural, education, charitable, recreational, environmental, conservation, or similar activities. Cal. Civ. Code §1098.6 (2018 Cal. Stat. ch. 306).

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