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As an update to our blog post of November 25, 2014 (below), the United States District Court for the District of Oregon recently changed course with regard to property surrendered in bankruptcy, vacating and remanding In re Watt. Judge Ann Aiken recognized the lack of clarity to 11 USC 1322(b)(9), which at first blush may appear …
The Foreclosure Relief and Extension for Service Members Act of 2014 provides that if a mortgage was obtained before a service member was an active duty member of the military, then they are protected from foreclosure for a period of time upon return from active duty. The amount of time that a service member is …
For Lenders who maintain perfected security interests in collateral and their counsel, the Second Circuit’s recent decision In Re Motors Liquidation Company, et al. will go down in history as a middle of the night sweat inducing source of anxiety. The characters and documents involved are common players in the financial industry: JP Morgan Chase Bank, …
The Washington Supreme Court’s recent decision in Washington Federal vs. Harvey confirmed what was believed true: guarantors of commercial loans may be liable for a deficiency after non-judicial foreclosure of a trust deed. Lenders are often faced with Collateral Shortfalls in a default situation. This is especially true when the value of collateral after non-judicial foreclosure creates …
Proposed CFPB Rule Changes: Clarifications, Additional Requirements, and where Small Loan Servicers Fit The Consumer Finance Protection Bureau (“the Bureau”) has proposed new regulations to clarify a number of issues that the Bureau felt remain unresolved under existing rules. The new rules are voluminous and address loss mitigation, small servicer definitions, and service transfer deadlines. You …
In Lyons v. US Bank and NWTS, the Washington State Supreme Court found that a trustee can be liable for damages suffered by a debtor under the Consumer Protection Act even without a property having reached sale. The title of trustee is one that should be borne with the very derivation of the term in …
Financial Services clients are in for a surprise if they read In Re Watt from the US Bankruptcy Court for the District of Oregon stating that, without consent, banks own property surrendered in bankruptcy. The court wrote that USC 1322(b)(9) does not restrict a court from vesting real property in a bank’s name even if the …