Showing 1 post in Fair Market Value.
Massachusetts Mortgage Holders Beware — Foreclosure Winning Bids May Now Need to Consider Development Potential of a Property
Under Massachusetts law, a foreclosing lender has a duty of good faith and reasonable diligence to obtain the highest possible price for a property at auction. Until recently, it was considered appropriate for the lender to make a credit bid up to the amount owed on the mortgage in order to satisfy this duty. However, a recent decision by the Massachusetts Appeals Court has expanded the duty of good faith and reasonable diligence beyond a review of the property's assessed or appraised fair market value. A property's development potential may also need to be reviewed in order to calculate an acceptable winning bid. More ›
Topics
- 11th Circuit Court of Appeals
- 1st Circuit Court of Appeals
- 2nd Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 4th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- 9th Circuit Court of Appeals
- ACA
- ACA International
- Amicus Brief
- Appellate Decisions
- Appointment Power
- Appraised Value
- Arbitration
- Arbitration Rule
- ATDS
- Attorneys' Fees
- Autodialer
- Automated Telephone Dialer Service
- Bankruptcy
- Bankruptcy Code
- behavioral economics
- Biometric Information Privacy Act
- BIPA
- Blockchain
- California
- California Consumer Privacy Act
- California Court of Appeal
- Car Dealership
- CCPA
- CFPB
- Chapter 7 Bankruptcy
- Circuit Split
- City of Miami
- Civil Contempt
- Class Action
- Class Action Fairness Act of 2005
- Class Certification
- Cole Memorandum
- Colorado
- Communications
- Compliance Audit
- Compliance Corner
- Congressional Review Act
- Consumer Data Privacy
- Consumer Disclosures
- Consumer Financial Protection Act
- Consumer Financial Protection Bureau
- Consumer Protections
- Corporate Compliance
- Corporate Governance
- Craigslist
- Credit Report
- Creditor
- Cryptocurrency
- Cybersecurity
- D.C. Circuit Court of Appeals
- Damages
- Data Privacy Laws
- Debt Buyers
- Debt Collection
- Debt Collector
- Debt Purchase
- Debtor
- Deceased Debtors
- Default Notice
- Department of Education
- Department of Financial Services
- DFS
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Due Process Clause
- Education
- Education Debt
- Eighth Amendment
- Electronic Communications
- Employee Benefits
- Employer Participation Student Loan Assistance Act
- Equal Opportunity Act
- European General Data Privacy Regulation
- Excessive Fines Clause
- FACTA
- Fair and Accurate Credit Transactions Act
- Fair Credit Billing Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Employment and Housing Act
- Fair Market Value
- Fairness in Class Action Litigation Act of 2017
- FCBA
- FCC
- FCRA
- FDCPA
- Federal
- Federal Arbitration Act
- Federal Communications Commission
- Federal Housing Authority
- Federal Rules of Civil Procedure
- Federal Rules of Civil Procedure 68
- Federal Trade Commission
- FHA
- Financial CHOICE Act
- Financial Regulatory
- Florida
- Florida Supreme Court
- For-Profit Student Loans
- Forbearance Agreement
- Foreclosure
- Foreclosure Sale
- Fourteenth Amendment
- FTC
- GDPR
- Hearsay
- HMDA
- Hobbs Act
- HUD
- Illinois
- Illinois Student Loan Bill of Rights
- Illinois Supreme Court
- IRS
- Judicial Estoppel
- Kathleen Kraninger
- Lack of Standing
- Legal Standing
- Legislation
- Lender Credit Bid
- Litigation
- Loan Defaults
- Loan Modification
- Loan Servicing
- Maine
- Mandatory Arbitration
- Marijuana
- Massachusetts
- Massachusetts Appeals Court
- Massachusetts Land Court
- Massachusetts Supreme Judicial Court
- Materiality Requirement
- Medical Marijuana
- Minnesota
- Monetary Damages
- Mortgage
- Mortgage Acceleration
- Mortgage Debt
- Mortgage Foreclosure
- Mortgage Loans
- Motion to Dismiss
- Municipal Code
- Municipal Code Violations
- Nevada
- New Jersey
- New York
- Notice of Proposed Rule Making
- NPRM
- Obama Administration
- OFAC
- Office of Foreign Assets Control
- Personal Jurisdiction
- Post-Discharge-Communications
- Pre-Foreclosure Mediation
- Privacy
- Private Right of Action
- Property Value
- Proposed Legislation
- Real Estate Settlement Act
- Regulatory
- Regulatory Relief
- RESPA
- Reverse Mortgage
- Revocation Claims
- Revocation of Election to Accelerate
- Rhode Island
- Rhode Island Supreme Court
- Richard Cordray
- RICO
- Right to Cure Notice
- Robocalls
- S.A.F.E. Mortgage Licensing Act
- Safe-Harbor Provision
- Sanitary Codes
- SCOTUS
- Securities & Exchange Commission
- Seventh Circuit
- Statute of Limitations
- Statutory Interpretation
- Student Loans
- Students
- Supreme Court of the United States
- TCPA
- Telephone Consumer Protection Act
- Texting
- Third Circuit
- TILA
- Trump
- Trump Administration
- Truth in Lending Act
- U.S. Constitution
- UCC
- UDAAP
- Unauthorized Use
- Undue Hardship
- Uniform Commercial Code
- United States Treasury
- Unsolicited Advertisement
- Voluntary Discontinuance
- Voluntary Dismissal
- Washington D.C.
- Wisconsin
- Wisconsin Consumer Act