LEGAL ALERT: New Mortgage Servicer Requirements for Ohio

Information on Ohio H.B. 489 Pre-Foreclosure Notice on Junior Liens Ohio H.B. 489 implements a new requirement [1], effective March 20, 2019, which requires a person collecting a debt that is secured by a second mortgage or junior lien on a debtor’s residential real property, to send a written notice via U.S. mail to the debtor’s …

Florida Appeals Court Says Lenders Can Recover Amounts Accrued over Five Years Past Due

On December 26, 2018, Florida’s Fifth District Court of Appeal issued an opinion allowing recovery of amounts accrued more than five years prior to the filing of the foreclosure. Although the Court’s decision in William L. Grant v. Citizens Bank, N.A. (Case # 5D17-726) is not final until the deadline to file for rehearing passes, …

ALAW Announces Merger with Ohio’s Felty and Lembright

ALAW announces merger with Ohio’s Felty and Lembright TAMPA/CLEVELAND, August 7, 2018 – ALAW, a premier creditors’ rights law firm providing default, litigation, collection, title and closing services to the mortgage banking industry, today announced its merger with Cleveland, Ohio based creditors’ rights law firm Felty and Lembright Co., L.P.A.. Current Felty and Lembright Partners …

Legal Update: Protecting Tenants at Foreclosure Act of 2009 is Coming Back!

Update on Protecting Tenants at Foreclosure Act of 2009 (“PTFA”) On May 24, 2018, Senate Bill 2155 became Public Law No: 115-174. One important provision contained in the new law brings back the Protecting Tenants at Foreclosure Act of 2009 (hereinafter “PTFA”). The key provision of the reinstated law allows tenants to remain in a …

New Florida Legislation

New Florida Legislation on Bankruptcy Surrender In summary: Any foreclosure action filed after October 1, 2018 where the borrower has filed Bankruptcy indicating: 1 . Their intention to surrender the property; 2 . it has not been withdrawn; AND 3 . a final order discharging the debt or confirming the repayment plan has been entered …

Curing Defaults in Chapter 13 Bankruptcy: Foreclosure Judgment or Loan Documents?

Foreclosure Judgment or Loan Documents? In Chapter 13 proceedings, the Bankruptcy Code empowers a Debtor to cure a prepetition default, while maintaining the current contract payment with the creditor.  As a tradeoff, all terms of the original loan documents are reinstated. While a relatively straightforward concept; Foreclosure Judgments greatly confuse the issue because, in the …