September 25, 2023

Foreclosure Jury Trials and Waiver of Right to Foreclose

A New South Carolina Case Changes the Analysis for Counterclaims and May Change Much More In South Carolina, foreclosures are usually tried by a judge sitting without a jury. A foreclosure is an equitable cause of action, and there is…

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April 21, 2023

Arkansas Foreclosure Update – The Continuing Saga Resulting from Davis v. PennyMac

As you may recall from previous updates, Arkansas foreclosure law has been evolving for the past several years as a result of the Davis v. PennyMac opinion from the Arkansas Supreme Court in May 2020. As a result of the Davis decision, the Arkansas…

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March 27, 2023

The Ironclad Protection of §1322(b)(2) [The “Anti-Modification” Provision] Controls Over Confirmed Chapter 13 Plan

At the end of the plan period, the chapter 13 trustee issued the notice of plan completion, indicating that the creditor had been paid the amount proposed in the plan (the $6,817.42 in the creditor’s claim), and the creditor’s entire…

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October 6, 2022

California Supreme Court Says Lenders Owe No Duty of Care in Loan Modification Negotiations

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…

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September 14, 2022

California Supreme Court Says Lenders Owe No Duty of Care in Loan Modification Negotiations

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…

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September 8, 2022

Eleventh Circuit Issues New Opinion in Hunstein v. Preferred Collection

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…

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August 11, 2021

Florida Foreclosure Judgments – General Lien Statute Inapplicable, BK Anti-Modification Protection Applies

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…

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May 4, 2021

AR Senate Bill 1108

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…

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January 19, 2021

City of Chicago, Illinois v. Fulton, et al.

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)…

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May 11, 2020

Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020)

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…

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