By Craig Nazzaro, Baker Donelson As compliance costs continue to rise for mortgage servicing so does the popularity of private label servicing. As a product, private label servicing is not complicated. A subservicer will service your institutions portfolio with your ...
Read More »Missouri Court Of Appeals Denies Heir’s Attempt To Strip A Lender’s Deed Of Trust Because Of an Alleged Failure To Make A Timely Probate Claim
By William H. Meyer, Partner, Martin Leigh In December 2016 the Missouri Court of Appeals, Western District considered a challenge to a lender’s deed of trust against real property. That case is styled Lester v. Nationstar Mortgage, LLC, ___ S.W.3d ___ ...
Read More »Partial Lender Protection Against Property Preservation Suits in Illinois
By Lauren Riddick, Codilis & Associates A recent case from the Illinois Supreme Court may help protect lenders, at least partially, from suits stemming from property preservation. In Schweihs v. Chase Home Finance, 2016 IL 120041, a lender-employed contractor entered ...
Read More »New Developments in Ohio Foreclosure Law
By LeAnn E. Covey, Clunk, Paisley, Hoose Co. The Ohio Senate passed House Bill 390 into law on June 28, 2016 and became effective law on September 28, 2016. This changed and added several sections of the Ohio Revised Code ...
Read More »Industry Alert – Florida Supreme Court Rules on Bartram v. US Bank, NA.
By McCalla Raymer Pierce The Florida Supreme Court issued the much anticipated opinion in Bartram v. U.S. Bank, N.A on November 3, 2016, providing long awaited guidance as to the statute of limitations on successive mortgage foreclosure actions, post dismissal. ...
Read More »Marijuana Law for California Residential Landlords
By Jamie Sternberg, Esq., Jessica Weisman, Esq., and Lynn Dover, Esq., Kimball, Tirey & St. John LLP Proposition 64 legalized recreational use of marijuana in California. Under the new law, (codified in California Health and Safety Code §11362 et seq.), people ...
Read More »Illinois Trial Court finds the Keep Chicago Renting Ordinance (“KCRO”) is preempted by the Illinois Rent Control Preemption Act
A glimmer of hope for owners of tenant occupied foreclosed properties as a Cook County Trial Court found the Keep Chicago Renting Ordinance is preempted by the Illinois Rent Control Preemption Act and ruled in favor of the mortgagee who ...
Read More »Maryland Enacts New Quiet Title Legislation
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.
Read More »Revisions to Ohio’s Foreclosure Procedures Have Arrived
Ohio’s H.B. 390 became effective September 28, 2016. Despite the bill's title, "Sales tax-exempt sale of natural gas by municipal gas company," the bill includes numerous provisions applicable to Ohio's foreclosure procedures. Among the significant new provisions are a procedure ...
Read More »AB 2819: How an Amended Unlawful Detainer Law in California May Negatively Impact Your Business
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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