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Troutman Sanders LLP: District Court Denies Class Certification of Unlawful Foreclosure Claims

By John C. Lynch , Jason E. Manning and Elizabeth "Liz" S. Flowers On April 30, 2012, the United States District Court for the District of Massachusetts denied class certification of Plaintiffs' unlawful foreclosure claims, finding that Plaintiffs failed to satisfy Rule 23(a) requirements...

Troutman Sanders LLP: VA Supreme Court Rules Face-to-Face Interview Required Before Foreclosure

By David N. Anthony , John C. Lynch , Ethan G. Ostroff and Maryia Y. Jones On April 20, 2012, in a surprising decision, the Supreme Court of Virginia revived borrowers' claims against defendant loan holder and servicer, concluding that the borrowers' non-payment under a home loan did not constitute...

Troutman Sanders LLP: North Carolina Court of Appeals Forestalls Borrower’s Attempt to Collaterally Attack Foreclosure Proceeding

By John C. Lynch and D. Kyle Deak On Plaintiff's appeal of dismissal of his Complaint seeking to challenge the authority of the lender to foreclose, the Court of Appeals affirmed the Superior Court's dismissal and found that Plaintiff's failure to properly and timely appeal the Order of...