Topic
Foreclosures
864 published works
New York Attorney Malpractice Blog
Huge Numbers But Still Speculative in the Hudson Yards Case
Hudson Yards LLC v Segal 2019 NY Slip Op 30996(U) April 5, 2019 Supreme Court, New York County Docket Number: 158606/2014 Judge: Andrea Masley describes the unraveling of the initial Hudson Yards real estate deal…
Legal Profession Blog
“Legitimate, Good-Old-Fashioned Litigation”
A very interesting opinion of the California State Bar Court Review Department absolves two attorneys alleged to have charged an advance fee in violation of the law governing mortgage loan…
Southeast Financial Litigation Monitor
Supreme Court: FDCPA (sometimes) does not apply to nonjudicial foreclosures
In Obduskey v. McCarthy & Holthus, LLP, the United States Supreme Court unanimously held the Fair Debt Collection Practices Act does not apply to a law firm conducting a nonjudicial foreclosure.…
Consumer Class Defense Blog
Unanimous Supreme Court Ruling On the Fair Debt Collection Practices Act
By Anne Dunne, Craig Simonsen, Seyfarth Shaw LLP
Seyfarth Synopsis: In a 9-0 Supreme Court ruling last week, the Court spoke to issues concerning the Fair Debt Collection Practices Act (FDCPA) and non-judicial foreclosures. The FDCPA is intended…
A Lawyer's Blog
THE SECOND DEPARTMENT ADDRESSES THE FORECLOSURE CRISIS
Here is a guide to pursuing and defending a foreclosure action.Bank of N.Y. Mellon v Gordon, 2019 NY Slip Op 02306, Decided on March 27, 2019, Appellate Division, Second Department:"In…
Barry C. McGuire
Save Your Credit Rating from Foreclosure with Negotiation
Briefly, a non-recourse mortgage means that if someone defaults on their payments, the lender can only foreclose on the property. They cannot come after the borrower’s other assets to make…
A Lawyer's Blog
MORTGAGE FORECLOSURE – WHO IS BEHIND THE LEGAL FEES OF THE HOMEOWNER DEFENSES?
We all know the high cost of litigation.In a recent case, BANK OF NEW YORK MELLON, ETC., Appellant, v. ALICE J. DIEUDONNE, Respondent, ET AL., Defendants. 2017-08956, Index No. 518577/16.…
Subscript Law Blog
Obduskey v. McCarthy & Holthus LLP (Decision March 20, 2019)
Argument: January 07, 2019 Decision: March 20, 2019 Petitioner Brief: Dennis Obduskey Respondent Brief: McCarthy & Holthus LLP, et al. Courts below: 10th Circuit Courts of Appeals Supreme Court rules…
Past Due
Supreme Court finds that foreclosure firm engaging in non-judicial foreclosure proceedings is not considered a debt collector under the FDCPA.
In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally…
Consumer Finance Legal Report
Justices Rule that Businesses Engaged in Nonjudicial Foreclosure Proceedings are Not “Debt Collectors” under the FDCPA
By David T. Biderman, Kristine E. Kruger
Mortgage service companies (and their lawyers) got a big boost on March 20, 2019, when the Supreme Court delivered a unanimous opinion in Obduskey v. McCarthy & Holthus LLP, holding…