When dealing with the foreclosure of a residential or commercial mortgage on a home, business, or other real property, it is crucial to have a trusted and capable attorney on hand to guide you through the process. Foreclosure laws differ in each state and territory, and local foreclosure practice can be highly idiosyncratic.  However, whether

There are some circumstances in which a bank will offer a homeowner the option to pursue a deed in lieu of foreclosure rather than a short sale or other foreclosure alternative. In this process, a person hands over the deed to their home to the bank, bypassing the standard foreclosure process.

You may wonder why

Recently, one of our firm’s clients inquired as to our protecting their intellectual property, and BoltNagi submitted to an in-depth technology audit. Large companies like Google, Microsoft and Apple use considerable resources to protect their intellectual property. An organization of any size, however, can suffer due to intellectual property theft, and small businesses in particular

For those who practice in the courts of the Virgin Islands, there is a weary acceptance that justice will come, but it might not come quickly.  Sometimes—either due to the complexity of a case or a court’s congested docket—a motion or petition will linger on a judge’s docket for months or (in extreme cases) even years.  In these situations, a litigant has only two choices:  Sit back and wait for a ruling or try to get the case moving with a writ of mandamus.


Continue Reading No Escape from Limbo: The Virgin Islands Supreme Court Denies a Writ of Mandamus

In a previous post, I offered tips on how to avoid foreclosure.  Most of those suggestions centered on how a mortgage borrower should talk to the mortgage lender at the onset of financial difficulties.  But what alternatives do borrowers have if they are already in active foreclosure litigation and they don’t qualify for loan modification programs such as the Home Affordable Modification Program (known as HAMP)?  In that case, a borrower’s options narrow considerably, but a few options might remain open.


Continue Reading Settling Foreclosure

There is an old saying that you can’t fight city hall, but any administrative law attorney will tell you that this is not true.  If a local government agency makes a decision that affects your personal interests, you most certainly can appeal that decision.  But in doing so, appellants must take care that they lodge their appeals with the correct adjudicative body.  Aggrieved parties cannot simply run to court to appeal an administrative decision that did not go their way.  Instead, they must take full advantage of any administrative appeals process that the local government has put into place.  This rule, known as the “administrative exhaustion” doctrine, is a bedrock principle in governing the interaction between government agencies and the court system.


Continue Reading The District Court of the Virgin Islands Vindicates the Administrative Exhaustion Doctrine in Challenges to DPNR Land Use Permits