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By Thomas S. Van, ALAW MANAGING Attorney (California) In a 2020 filed case involving the reasonableness and validity of “release fees” and late fees charged by the lender to the borrower, the Honorable Phyllis Hamilton, United States District Court Judge for the Northern District of California, held that both “release fees” and late fees provided for in the loan …
By Merdaud Jafarina, ALAW BK attorney, California On March 7, 2022, the California Supreme Court finally settled the issue on whether financial institutions or loan servicers owe their borrowers a duty of care when considering a loan modification request. In Sheen v. Wells Fargo, No. 8258019 (Cal, Mar 7, 2022), the California Supreme Court ruled …
In the Hunstein v. Preferred Collection decision issued on Thursday, September 8, 2022, the United States Court of Appeals for the Eleventh Circuit (Alabama, Georgia, Florida), after issuing opinions and vacating the same twice before, now holds that: (1) the mere violation of Section 1692c(b) of the FDCPA, without showing any additional harm, does not …
Tampa, Florida — Florida-based law firm ALAW is proud to announce the promotion of Jaclyn Palazzolo to Partner overseeing the Firm’s Attorney Closing Division. Palazzolo’s practice focuses on all aspects of the Firm’s REO, Title, and Closing Services. She demonstrates a keen ability to quickly identify and resolve client matters while focusing on her industry …
In Re Koessler (2021 WL 3375824) decided on August 3, 2021 in the Southern District of Florida is a solid win and sigh of relief for mortgage creditors in Florida bankruptcy proceedings. In Koessler, Chief Judge Laurel Isicoff was confronted with an interesting interplay between a state statute (Section 55.10 of Florida Statutes) and the …
On April 16, 2021, Albertelli Law advised our clients of the recent legislative developments in Arkansas involving AR Senate Bill 673. We would like to now alert and update our clients that the bill became AR Act 1108 on May 3, 2021. Act 1108 amends the statutory foreclosure act in Arkansas and is intended to …
written by Michael Wennerlund U.S. Supreme Court resolves circuit split over Creditor Retention of Property post-bankruptcy filing On January 14, 2021, the U.S. Supreme Court issued an opinion in the case of City of Chicago, Illinois v. Fulton, et al., 592 U.S. ____ (2021) which dealt with the interplay between several provisions of the Bankruptcy …
Continue reading “LEGAL ALERT: City of Chicago, Illinois v. Fulton, et al.”
ALAW is proud to announce that Jeffrey Fraser, Senior Managing Bankruptcy Attorney in the Ft. Lauderdale office, has been recognized by American Bankruptcy Institute as a 2020, 40 under 40. Jeff began his career at ALAW in 2013. After more than six years of service and an exceptional record, he has been selected to this …
William concentrates his practice in mortgage foreclosures, creditor bankruptcy, real estate, evictions and other mortgage related matters. Beginning in 2006 he has represented mortgage lenders and servicers in courts throughout South Carolina both at the state and federal levels. Since 2012 William has been rated AV Preeminent by Martindale-Hubbell. Super Lawyers has selected him a …
Continue reading “ALAW’s William Koehler Selected as Super Lawyer Rising Star”
An opinion was delivered by the Arkansas Supreme Court on May 7, 2020 that may have an impact on your foreclosures: Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020). Delivered May 7, 2020 PennyMac sought to foreclose on a mortgage Davis had executed in 2013. In August 2017, PennyMac sent Davis a …
Continue reading “Legal Alert: Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020)”