The following case is a case that evidences the wide range of actions that are raised to challenge residential loans, using everything from TILA and RESPA to Fraud and Unfair Business Practice Claims. SLG moved to dismiss and the claims were pared back, eventually resulting in a negotiated settlement and quick dismissal of the matter … Continue reading
Overview: A moratorium on certain foreclosures in the State of California will be implemented at the end of May of this year. The foreclosure moratorium has a variety of “twists and turns” that should be noted below. The moratorium does not prohibit foreclosure sales, it delays them. The restrictions last until January 1, 2011. … Continue reading
As many of you know, SB 1137 was recently enacted. The provisions are applicable to loans that were originated between January 1, 2003 and December 31, 2007, when security is taken on a borrower’s principal residence. There are many facets to the bill. The most important is that effective September 8, 2008, any lender … Continue reading
At the beginning of a chapter 13, the playing field is essentially level. The chapter 13 Trustee and the creditors have an equal opportunity to review the debtor’s schedules and object to a debtor’s plan, making sure the debtor meets the specific requirements outlined by the Bankruptcy Code and applicable case law. Among other considerations, … Continue reading
Disclaimer: (The following contains general principles of law that cannot be applied to every case and is based on California law. In the event that you encounter issues covered in this outline, you should review the appropriate response with your counsel)
(For more information, including in-house seminars, contact: Spencer Scheer @ sscheer@scheerlawgroup.com)
THE USUAL SUSPECTS
There … Continue reading
There are many recently enacted statutes that require that regulated lenders take action to protect confidential information of the customer/borrower. Further obligations have been imposed to mandate that covered lenders take action to ensure that their “service providers”/vendors also do so. Failure to comply can result in fines, penalties and lawsuits.
Identity theft claims are becoming … Continue reading
Registration Cart
