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|Mortgage 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.;
April 19, 2016, previously published on March 22, 2016A 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...
|Legal Issues Associated with Selling & Purchasing Failed Residential Subdivisions in Florida|
Gary M. Kaleita; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
April 18, 2016, previously published on March 18, 2016There 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...
|Survey Indicates that TRID Compliance is Leading to Delays in Loan Closings and Fewer Product Offerings|
Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
April 14, 2016, previously published on March 31, 2016In 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.
|Garnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident.|
Pessin Katz Law P.A.;
April 14, 2016, previously published on March 21, 2016In 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.
|A Systematic Plan for Debt Collection|
Scott A. Chernich, Patricia Joan Scott; Foster, Swift, Collins & Smith, P.C.;
April 14, 2016, previously published on March 31, 2016There 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.
|Paving a Restaurant's Parking Lot Engenders Considerable Litigation|
Samantha R. Stephenson; Gordon Feinblatt LLC;
April 13, 2016, previously published on March 2016In 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...
|Transfer to Hide Property from Collection Efforts Found to Be a Fraudulent Conveyance|
Richard H. Topaz; Gordon Feinblatt LLC;
April 13, 2016, previously published on March 2016In 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...
|"Best" is Not Always Best When It Comes to Knowledge|
Edward J. Levin; Gordon Feinblatt LLC;
April 13, 2016, previously published on March 2016The term “knowledge” is used in affidavits, applications, representations, warranties, third-party opinion letters, and in other legal contexts to indicate that statements are not guaranteed to be true but are correct based on the information of the person making the statement, giving...
|"Inaction" by Government May Constitute a "Taking" of Property|
William D. Shaughnessy; Gordon Feinblatt LLC;
April 13, 2016, previously published on March 2016In 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...
|When Is a Deed in Lieu of Foreclosure Not a Deed?|
Lawrence D. Coppel; Gordon Feinblatt LLC;
April 13, 2016, previously published on March 2016A deed in lieu of foreclosure may be taken by a lender under a workout agreement after its loan goes into default. However, depending upon the terms of the agreement, the lender’s deed may be no better than the mortgage or deed of trust that it was granted in the first place.