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HTMLMortgage Servicer Successfully Wields Bona Fide Error Defense Against FDCPA Claim: Would Your Procedures Hold Up, Too?
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
April 19, 2016, previously published on March 22, 2016
A mortgage servicer servicing loans for another entity is generally subject to the Fair Debt Collection Practices Act (FDCPA), which imposes liability for communications to a borrower containing false, deceptive or misleading representations. The FDCPA affords a narrow carve-out to the general rule...

 

HTMLLegal Issues Associated with Selling & Purchasing Failed Residential Subdivisions in Florida
Gary M. Kaleita; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
April 18, 2016, previously published on March 18, 2016
There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the property, issues may exist that, if known at the time of purchase, would...

 

HTMLGarnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident.
Pessin Katz Law P.A.;
Legal Alert/Article
April 14, 2016, previously published on March 21, 2016
In Daniel M. Mensah v. MCT Federal Credit Union, No. 54, Sept. Term, 2015 (Opinion by Battaglia, J.), the Maryland Court of Appeals, Maryland’s highest court, addressed an issue of first impression regarding wage garnishments.

 

HTMLSurvey Indicates that TRID Compliance is Leading to Delays in Loan Closings and Fewer Product Offerings
Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
April 14, 2016, previously published on March 31, 2016
In November 2013, the Consumer Financial Protection Bureau (CFPB) integrated the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA) disclosures and regulations. The new TILA-RESPA integrated disclosures (TRID) took effect in October 2015.

 

HTMLA Systematic Plan for Debt Collection
Scott A. Chernich, Patricia Joan Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
April 14, 2016, previously published on March 31, 2016
There is nothing quite like obtaining a new customer or getting a new big sale - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.

 

HTMLA Recorded Plat May Create an Easement
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Emerald Hills Homeowners’ Association, Inc. v. Peters, No. 32, Sept. Term, 2015 (Md.Ct.App. Jan. 27, 2016) the Court of Appeals held that an easement may be created by a plat even without compliance with the requirements of the Maryland recording statute. Also, the Court held that because...

 

HTMLPaving a Restaurant's Parking Lot Engenders Considerable Litigation
Samantha R. Stephenson; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Oregon, LLC v. Falls Road Community Association, No. 1234, Sept. Term, 2014, unreported (Md.Ct.Spec.App. Jan. 29, 2016), as part of a long string of legal proceedings pertaining to the repaving of a gravel parking lot at The Oregon Grill restaurant, the Court of Special Appeals vacated an...

 

HTMLTransfer to Hide Property from Collection Efforts Found to Be a Fraudulent Conveyance
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Marquitta Russell, et al. v. Pessin Katz Law, P.A., f/k/a Hodes, Pessin & Katz, P.A., No. 1783, Sept. Term, 2014, unreported (filed Oct. 30, 2015), the Court of Special Appeals affirmed the judgment of the Circuit Court for Baltimore City setting aside the transfer of property from Marquitta...

 

HTMLBorrowers Were on Inquiry Notice of Fraud so Their Claims Were Stale
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
Suzanne Scales Windesheim, et al. v. Frank Larocca, et al., 443 Md. 312, 116 A.3d 954 (2015), involved a class action lawsuit brought by three married couples (the “Borrowers”) alleging that several realtors and lenders (the “Defendants”) engaged in a...

 

HTML"Inaction" by Government May Constitute a "Taking" of Property
William D. Shaughnessy; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Litz v. Maryland Department of Environment, No. 23, Sept. Term 2015 (Md.Ct.App. Jan. 22, 2016), the Maryland Court of Appeals held that a property owner has a claim that government has “taken” property when a governmental entity has failed to act in the face of an affirmative duty of...

 


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