Articles

SB 900: There is Good News and Bad News: The Lawsuits Keep Coming, but Courts are Reluctant to Support Questionable Claims.
By Spencer Scheer: May 7, 2013.
Clearly, SB 900/A.B. 278 (effective 1.1.13) spells trouble for lenders, and gives borrowers expanded tools to challenge lender/servicer/trustee conduct in loan modification and foreclosure disputes. However, initial response … Continue reading →

EVICTIONS:  IMPORTANT CHANGES FOR LENDERS CONDUCTING RESIDENTIAL EVICTIONS IN CALIFORNIA
By Jonathan Seigel
Scheer Law Group
San Rafael, California
Post-Foreclosure Residential evictions are becoming a “battleground” for Lenders in California.  Lenders are being treated in many instances as successor landlords and much greater rights are afforded to anyone who claims a tenancy interest.  When coupled with the recent … Continue reading →

TO REMOVE OR NOT TO REMOVE: THAT IS THE QUESTION. THEN WHAT HAPPENS?
By Spencer Scheer, Esq., Scheer Law Group, LLP
OVERVIEW: With the recent flood of consumer borrower lawsuits against lenders, establishing state or federal jurisdiction via removal and remand has becomea strategically important consideration that may often determine the direction and resolutionof the case. Counsel that … Continue reading →

Attachment is a powerful remedy used by commercial creditors to quickly and inexpensively force commercial debtors to pay their outstanding debts by freezing and seizing their assets. Recently, Scheer Law Group, LLP (“SLG”) successfully attached $2,700,000.00 of a loan guarantor’s assets for the benefit of its client.
Attachment is a pre–judgment remedy under which certain … Continue reading →

A little known result of the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act”) (Pub. L. 111-203, H.R. 4173, Section 14), was to extend and clarify the Protecting Tenants at Foreclosure Act (“PTFA Act”), Pub. Law 11-22, 123 Stat. 1632, 1660 (2009).
In essence, the PFTA increased the eviction notice period … Continue reading →

A very troubling case for lenders has recently come out from the Bankruptcy Appellate Panel for the Ninth Circuit. If you place an administrative hold on funds on deposit, without moving immediately for relief from the stay to set off (or in cases where you have a direct security interest, to apply the security … Continue reading →

One result of the “subprime fallout” is that lenders are taking more care to ensure that their loan proceeds are not diverted upon escrow close. What about those loans that have already closed in violation of the Lender’s instructions or where the Lender already foreclosed? The Court in the very recent case … Continue reading →

There is some confusion re the effect of the recently enacted federal law entitled Protecting Tenants at Foreclosure Act (PL 111-22), and the impact it has on the eviction notice that is required to be provided to tenants after a foreclosure. Many people believed that the new law mirrored recent California legislation that increased … Continue reading →

(as published in the United Trustees Association Quarterly, Summer 2009)
A bankruptcy filing can be an effective tool for a debtor-defendant in a state court action to avoid a trial. The automatic stay of 11 USC 362 immediately stops the state court litigation upon the filing. However, the filing of the bankruptcy by a defendant … Continue reading →

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 →