March 13, 2026
California Overhauls Process Serving Rules with AB 747
Sweeping new legislation raises the bar for personal service, mandates photographic and GPS documentation, and gives defendants a permanent right to challenge default judgments obtained through improper service. California is poised to significantly reshape how legal documents are served on…
November 5, 2025
Massachusetts Court Broadens Consumer Protections in Vehicle Repossession Disputes
A recent ruling in LaValley v. Skyline Recovery Service Inc. (D. Mass. June 24, 2025) marks a pivotal development for lenders, servicers, and recovery companies operating in Massachusetts. The federal court denied summary judgment in a wrongful repossession case, allowing…
July 31, 2025
Louisiana Formalizes Payoff Affidavit Requirement in Foreclosure Sales Under HB 178
Effective August 1, 2025, Louisiana House Bill No. 178 amends LA CCP Article 3721, codifying existing procedures that govern foreclosure actions in Louisiana. Procedural Impacts of Louisiana House Bill No. 178: Under the new law, the seizing creditor must file…
March 5, 2024
Non-Judicial Foreclosures and Junior Federal Non-IRS Liens
As many of you may be aware, the impact of the Show Me State Premium Homes, LLC v. McDonnell, 74 F.4th 911, 914 (8th Cir. 2023), reh’g denied, No. 22-1894, 2023 WL 5920101 (8th Cir. Sept. 12, 2023) 8th Circuit…
February 27, 2024
Sales Aren’t So Safe – Massachusetts Bankruptcy Court Upholds Debtor’s Power to Undo Foreclosure Sale
In a unique opinion out of the District of Massachusetts (resurfacing the problematic issue of bankruptcy debtor’s strong-arm powers), the bankruptcy court in In re Neiva, 2024 WL 544049 determined that a bankruptcy debtor has the ability to unwind a…
February 13, 2024
New Jersey Legislature Passed the Community Wealth Preservation Act
The New Jersey Legislature passed the Community Wealth Preservation Act (“CWPA”) on January 12, 2024 expanding access for certain buyers to purchase properties at sheriff sales. CWPA addresses two components of the sheriff sale process in New Jersey: (1) the notice of…
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…
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…
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…