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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 …
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Senate Bill 263 – known as the Notary Public Modernization Act – was recently signed into law in Ohio, and will take effect beginning on September 18, 2019. Highlights of the bill include: Allows a duly appointed and commissioned Ohio notary public to apply to the Secretary of State for authorization to perform notarizations online using live video links, …
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 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 …
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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 …
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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 it has not been withdrawn; AND 3 .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 …
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 …
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3rd Party Purchaser No Standing to Contest – Pealer v. Wilmington Trust Pealer v. Wilmington Trust Nat’l Ass’n, 2017 Fla. App. LEXIS 3643 (Fla. 2nd DCA March 17, 2017). Florida’s Second District Court of Appeal (“DCA”) recently entered a per curiam affirmed opinion with a specially concurring opinion from Judge Sleet in which Judge Sleet …
U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt In the case of Midland Funding, LLC v. Johnson, the Supreme Court of the United States determined that the Fair Debt Collection Practices Act (the “FDCPA”) is not violated when a debt collector files a proof of claim (“POC”) in a …
Bankruptcy Surrender Estops Foreclosure Challenge Clay County Land Trust v. HSBC Bank USA, NA, Case No. 1D15-2113 (Fla. 1st DCA, June 14, 2017)(not final until time expires to file motion for rehearing and disposition thereof if filed). This is a new Opinion from the First District Court of Appeal, handed down on June 14, …
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