Real Estate Law

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HOLA Does Not Preempt Fraud Claims against Mortgage Loan Servicer, California District Court Rules
Posted on 19 Sep 2013 by Ballard Spahr LLP

The Southern District of California recently held that claims against a mortgage loan servicer are not preempted by the Home Owners Loan Act (HOLA) when they rely on "general allegations of misrepresentation" and are only "incidental"... Read More

Mills on Foreclosure Tax Issues for Homeowners
Posted on 2 Sep 2010 by Patricia Hughes Mills, J.D., L.L.M.

In this Analysis, Patricia Hughes Mills discusses the tax consequences when homeowners either lose their homes due to foreclosure or are able to avoid foreclosure by loan modification. Professor Mills includes a checklist of related questions for attorneys... Read More

California Senate Bill 94 - Practical Aspects of New California Civil Code Sections 2944.6 and 2944.7
Posted on 20 Jan 2010 by William M. Hensley

In this Analysis, William M. Hensley examines the foreclosure crisis that precipitated the passage of California Senate Bill 94, which added new Cal Civ Code § 2944.6 and Cal Civ Code § 2944.7 . Mr. Hensley also provides practical tips to clients... Read More

First Circuit Ruling in Foreclosure Litigation May Help Lenders Facing HAMP-Related Claims
Posted on 12 Mar 2014 by Ballard Spahr LLP

By the Ballard Spahr LLP Mortgage Banking Group The law is well settled that borrowers do not have a direct right of action under the Home Affordable Modification Program (HAMP) against a lender that fails to offer a loan modification. A split of... Read More

Joy Harmon Sperling on the Groundbreaking Decision in Massachusetts v. Fremont Investment
Posted on 22 Apr 2008 by Joy Harmon Sperling

The Massachusetts Superior Court recently enjoined a mortgagee from foreclosing on "presumptively unfair" mortgages without first obtaining the assent of the Massachusetts Attorney General or, if approval is not granted, without the Court's... Read More

Troutman Sanders LLP: Two Federal Appeals Courts Split over Borrowers’ Rights to Sue under HAMP
Posted on 11 May 2012 by Troutman Sanders

By John C. Lynch , David N. Anthony , Ethan G. Ostroff and Maryia Y. Jones Courts nationwide have seen a groundswell of lawsuits by borrowers predicated on loan servicers' decisions not to provide loan modification relief under the Home Affordable... Read More

Vetstein Law Group: Inertia Is Not An Option: Superior Court Rules BofA Can’t Drag Heels On HAMP Loan Modification
Posted on 2 Jan 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ First Reported Mass. Ruling On Home Affordable Modification Program Liability The fallout from the sub-prime and mortgage crisis continues in Massachusetts courts, and some judges are reacting in favor of sympathetic... Read More

Vetstein Law Group: Massachusetts Legislature Set To Make Loan Modifications Part Of Foreclosure Process
Posted on 13 Jun 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ More Help On The Way For Struggling Homeowners Additional foreclosure relief is one step closer to becoming law as the Massachusetts House of Representatives recently passed House Bill 4087, "An Act to Prevent Unlawful... Read More

Jonice Gray Tucker and Valerie Hletko on Mortgage Fairness: Guideposts for Servicers
Posted on 26 Sep 2011 by Jonice Gray Tucker and Valerie L. Hletko

Fair Lending Refocused: Loan Modification and Loss Mitigation Outcome Reviews Mortgage loan servicers are under growing pressure to proactively ensure "fair servicing" for all borrowers -- especially concerning loan modifications. In this... Read More

California Senate Bill 94 - Practical Aspects of New California Civil Code Sections 2944.6 and 2944.7
Posted on 20 Jan 2010 by William M. Hensley

In this Analysis, William M. Hensley examines the foreclosure crisis that precipitated the passage of California Senate Bill 94, which added new Cal Civ Code § 2944.6 and Cal Civ Code § 2944.7 . Mr. Hensley also provides practical tips to clients... Read More

Mills on Foreclosure Tax Issues for Homeowners
Posted on 2 Sep 2010 by Patricia Hughes Mills, J.D., L.L.M.

In this Analysis, Patricia Hughes Mills discusses the tax consequences when homeowners either lose their homes due to foreclosure or are able to avoid foreclosure by loan modification. Professor Mills includes a checklist of related questions for attorneys... Read More