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Doug Cornelius
The Foreclosure Mess and Compliance

Why is the foreclosure machinery of our nation's largest banks suddenly grinding to a halt? The "Produce the Note" movement, encouraging consumers to challenge the lender in foreclosure and make them produce the note. It's not ...

Bullivant Houser Bailey PC
The Making of a Trustee

By Russell D. Garrett TCMS Today Chapter 7 Panel Trustee Western District of Washington If someone had told me 29 years ago that I would be practicing law in the bankruptcy area I would have said they were crazy. At that time, I was living...

Stephen Sather
Second Circuit Holds That FDCPA Does Not Apply to Proof of Claim in Bankruptcy

The Second Circuit has held that an allegedly inflated proof of claim cannot form the basis for a claim under the Fair Debt Collection Practices Act. Simmons v. Roundup Funding , No. 09-4984 (2 nd Cir. 10/5/10). The opinion can be found here . In...

Stephen Sather
Highlights from the National Conference of Bankruptcy Judges Day 1

I am attending the National Conference of Bankruptcy Judges meeting in New Orleans this week. Here are some highlights. Lawrence P. King Award The Commercial Law League of America presented the Lawrence P. King Award to Judge Burton Lifland from...

Ted Connolly
The Most Important Thing to Do When Buying Property at Foreclosure Sale

By now, it is abundantly clear that lenders were at best careless when acquiring and transferring mortgages. Throughout the industry, they had a carefree attitude when it came to safekeeping of mortgages note and other mortgage documents. It appears...

J. Michael McBride
Foreclosure Investigation

The question is: is this good politics or good legal practice... or both I suppose. "The attorneys general of all 50 U.S. states announced Wednesday that they are joining to probe mortgage loan servicers who are accused of submitting false affidavits...