Legal Topics

Mortgages — Foreclosure — Limitation of actions — Five-year statute of limitations to file foreclosure action began to run from date of acceleration letter where mortgage did not contain reinstatement provision or any other similar contractual term that would give mortgagee or mortgagor right to reinstate installment nature of mortgagor’s payment obligation after acceleration occurred — Because foreclosure action was filed outside of five-year limitations period, mortgagor’s motion for summary judgment is granted
Apr 18th, 2026 in by admin

Mortgages -- Foreclosure -- Limitation of actions -- Five-year statute of limitations to file foreclosure action began to run from date of acceleration letter where mortgage did not contain reinstatement provision or any other similar contractual term that would give…


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Insurance — Homeowners — Coverage — Conditions precedent — Post-loss obligations — Prompt notice — Presumption of prejudice to insurer arose when insured reported loss 19 months after discovery of damage to roof eave, insured undertook two failed and undocumented repairs prior to reporting damage, and condition of property worsened over time — Although there may be disputed issues of fact as to whether insurer was prejudiced in determining cause of loss, record forecloses insured’s ability to overcome prejudice to insurer’s ability to evaluate extent of damage — Summary judgment entered in favor of insurer
Apr 14th, 2026 in by admin

Insurance -- Homeowners -- Coverage -- Conditions precedent -- Post-loss obligations -- Prompt notice -- Presumption of prejudice to insurer arose when insured reported loss 19 months after discovery of damage to roof eave, insured undertook two failed and undocumented…


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