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Maryland Enacts New Quiet Title Legislation

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Earlier this year, the Maryland legislature passed House Bill 920/Senate Bill 509 in order to establish rules of practice and procedure for quiet title actions. After recognizing a lack of direction under Maryland common law, the Maryland Land Title Association (MLTA) proposed and lobbied for the legislation, with the support of other related organizations. The MLTA recognized that the undefined process, or lack thereof, caused major problems in how quiet title actions were being litigated and issues with the resulting judgments. The new rules, codified in Title 14, Subtitle 6 of the Maryland Real Property Code, took effect on October 1, 2016, and establish a uniform process for quiet title actions and result in stronger, reliable judgments.

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AB 2819: How an Amended Unlawful Detainer Law in California May Negatively Impact Your Business

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Despite strong landlord and association opposition, on September 13, 2016, Governor Jerry Brown signed California Assembly Bill (AB) 2819. This bill, amending California Code of Civil Procedure §1161.2, and adding new California Code of Civil Procedure §1167.1, will dramatically interfere with a Landlord’s ability to speedily and effectively conclude an unlawful detainer proceeding and additionally impact a landlord’s ability to obtain an applicant’s prior unlawful detainer (UD) history.

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Several Illinois Foreclosure Provisions Sunset . . . But Will They Rise Again?

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Certain borrower-friendly amendments to the Illinois Mortgage Foreclosure Law (“IMFL”)—added at the beginning of the recent foreclosure crisis—were scheduled to sunset (i.e., automatically repeal) in 2016 or early 2017. For instance, Illinois’ statutory requirement for the mailing of a Grace Period Notice (“GPN”) before initiating a foreclosure suit was first enacted in April 2009. See 735 ILCS 5/15-1502.5. For those familiar with Illinois foreclosure law, the GPN is similar to a notice of default—lenders and servicers must and do send them before initiating foreclosure proceedings, but borrowers rarely, if ever, “receive” such notices based on the popularity of foreclosure defenses based on the GPN.

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The Importance of Spotting (and Curing) Title Defects Before they Rear their Ugly Head

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While Illinois foreclosure courts continue to grapple with traditional foreclosure defenses like standing and the admissibility of affidavits and business records, 2016 has seen the rise of a new trend: title defenses. As the Illinois appellate and supreme courts continue to whittle down defenses available to mortgagors, industrious defense counsel have turned their attention to title, ownership, and homestead issues. Litigation of title issues has dominated recent Illinois appellate opinions, highlighting the importance of potential foreclosure pitfalls that are often overlooked until it is too late.

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