On January 18, 2018, the House gave small lenders a late Christmas present when it passed H.R. 2954 known as the Home Mortgage Disclosure Adjustment Act. The act amends the existing Home Mortgage Disclosure Act (HMDA) by...more
In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure notwithstanding the...more
10/11/2016
/ Abandoned Property ,
Affirmative Defenses ,
Appeals ,
Bankruptcy Code ,
Chapter 7 ,
Consumer Bankruptcy ,
Debtors ,
Dismissals ,
Foreclosure ,
Mortgage Lenders ,
Property Surrender ,
State Law Claims ,
Withdrawal
In a recent decision issued by the Fourth District Court of Appeal, the court held that while a lis pendens may discharge liens that exist prior to entry of a final judgment of foreclosure, it does not affect those that...more
A recent decision from Pasco County, Florida clarifies for lenders and servicers what constitutes an attempt to collect a debt when they are communicating with a debtor about loss mitigation. In Hurtubise v. P.N.C. Bank,...more