Default, Real Estate, & Collection Attorneys Columbia, South Carolina
Strategically located in Columbia, South Carolina, ALAW’s office is a testament to our dedication to serving the financial community with unparalleled legal experience. Our team, specializing in areas such as default, real estate, and collections, offers tailored solutions to meet the unique challenges of the industry. With Columbia’s rich history and economic significance, ALAW’s presence ensures that our clients navigate the financial landscape with confidence and precision.
South Carolina Legal News
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 Court of Appeals case is rippling through our industry. This week, a major underwriter issued guidance indicating that a junior non-IRS lien should be...
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 no right to a trial by jury in equitable actions. However, a Defendant may plead counterclaims in which he is entitled to a jury trial....
CFPB’s Proposed Debt Collection Rule
On Tuesday, May 7, 2019 the Consumer Financial Protection Bureau (CFPB) issued their proposal to amend Regulation F, which incorporates the Fair Debt Collection Practices Act (FDCPA). The proposed rule takes into account the current communication landscape, which vastly differs from when the FDCPA was first enacted. Specifically, it clarifies how debt collectors can communicate with consumers via email and text messages. The use of...
U.S. Bankruptcy Court for the District of South Carolina Changes Objection Time for Chapter 13 Plans
Effective May 1, 2019, the U.S. Bankruptcy Court for the District of South Carolina will adopt a new Chapter 13 Plan form. The time period for objection to the Plan will no longer be visible on the face of the Plan. Instead, the Plan will direct creditors to the “Notice of Bankruptcy Case or applicable Notice/Motion.” Currently, the Plan objection deadline is dependent on the assigned...