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Md. App.: Reverse Mortgage Entitled To Fire Insurance Proceeds To Satisfy Remaining Balance After Foreclosure

Md. App.: Reverse Mortgage Entitled To Fire Insurance Proceeds To Satisfy Remaining Balance After Foreclosure

The Appellate Court of Maryland determined that a foreclosure of a reverse mortgage did not extinguish the Lender’s right to insurance proceeds for a casualty loss that had occurred presale, up to the amount of the remaining unpaid balance.  In doing so, the Court applied the “loss before foreclosure rule” to the reverse mortgage, notwithstanding the reverse mortgage’s prohibitions against collection of a deficiency judgment. 

Va.: Filing of a lis pendens is protected by absolute privilege as to defamation tort claims

Va.: Filing of a lis pendens is protected by absolute privilege as to defamation tort claims

The filing of a lis pendens is entitled to absolute privilege as to defamation tort claims, explained the Supreme Court of Virginia. Elaborating on the scope of the privilege, the Court expressly declined to extend the doctrine to non-defamation claims. “Absolute privilege does not apply to non-defamation torts in Virginia, specifically including malicious abuse of process, tortious interference with contractual relations, and civil conspiracy.”

Md. App.: No statute of limitations for foreclosure.

Md. App.: No statute of limitations for foreclosure.

Maryland intermediate appellate court reaffirms that there is no statute of limitations applicable to the foreclosures of mortgages. 2014 Amendments to statute of limitations confirmed that foreclosure proceedings were not subject to the 12-year limitations period, and was part of a statutory scheme to reduce the limitations period for post-foreclosure deficiency proceedings to three years.