Alan Petlak

Alan Petlak

Ballard Spahr LLP

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Nevada Supreme Court Accepts Certified Question in HOA Lien Litigation Case – Should the SFR Decision Apply Retroactively?

We previously reported on the Nevada Supreme Court’s decision in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A., holding that a homeowners association (HOA) lien is a true super-priority lien that upon foreclosure...more

7/26/2016 - Banking Sector Deed of Trust Foreclosure HOA Liens Mortgage Lenders Mortgages NV Supreme Court Retroactivity Super Priority US Bank National Association

Nevada Supreme Court Clarifies Extent of HOA Super-Liens

For the past several years, Nevada courts have been flooded with quiet title actions between mortgage lenders and buyers who acquired residential properties at homeowners association (HOA) super-lien foreclosures. Recently,...more

6/3/2016 - Action to Quiet Title Foreclosure Sales Homeowners' Association Lien Priority Liens Litigation Fees & Costs Mortgage Lenders

Court Cannot Enter Default Against Trustee that Submits Unopposed Declaration of Non-Monetary Status

The California Court of Appeal recently held that a plaintiff cannot seek entry of default against a trustee that files a declaration of nonmonetary status pursuant to California Civil Code Section 2924l. Section 2924l...more

4/4/2016 - Banking Sector Default Foreclosure Mortgages Trustees

Florida District Court Holds That Successor and Assign of Original Lender Has Standing to Enforce Jury Trial Waiver While Loan...

While California does not permit pre-dispute jury trial waivers, jury trial waivers are enforceable in many states. The U.S. District Court for the Southern District of Florida recently held in Thompson v. Caliber Home Loans,...more

2/8/2016 - Debt Collection FCCPA FDCPA Jury Waivers Mortgage Lenders Mortgages Standing TCPA

Nevada Senate Passes Bill Affecting Super-Priority Liens in Foreclosure

The Nevada Legislature recently passed a bill intended, in part, to address issues resulting from the Nevada Supreme Court’s decision that a homeowners association lien is a true super-priority lien that, if foreclosed,...more

6/16/2015 - Condominium Associations Deed of Trust Foreclosure Governor Sandoval Homeowners' Association Lien Priority Liens Mortgage Lenders Mortgages New Legislation NV Supreme Court Super Priority US Bank

Consent Judgments Entered Against Individuals and Law Firm Accused of Mass-Joinder Mortgage Rescue Scams

Consent judgments in a lawsuit brought by the Florida and Connecticut Attorneys General have been entered against five individuals and one law firm for their part in an alleged “mass-joinder” mortgage rescue scam....more

4/20/2015 - CFPA Consent Order Debt-Relief Industry Dodd-Frank Homeowners Joinder Loan Modifications Mortgages Unfair or Deceptive Trade Practices

The Sixth Circuit, Relying upon Michigan’s Nonrecourse Mortgage Loan Act, Rejects the Enforceability of an Insolvency Covenant

Notwithstanding Michigan’s 2012 Nonrecourse Mortgage Loan Act (NMLA), which provides that solvency covenants in nonrecourse loans unenforceable, in Borman, LLC v. 18718 Borman, LLC, a third-party purchaser of a foreclosed...more

2/23/2015 - Deficiency Judgments Foreclosure Lenders Mortgage Lenders Mortgages Non-Recourse Loans Promissory Notes

The Impact of Dual Tracking Restrictions on Foreclosure Rates in California

Foreclosure rates are declining in California. Many tout an improving economy as a reason for this trend. The impact of new legislation that restricts lenders and mortgage servicers from foreclosing on residential mortgages...more

7/2/2013 - Borrowers Default Dual Tracking Restrictions Foreclosure Homeowner Bill of Rights Injunctions Lenders Loan Modifications Mortgage Servicers New Legislation

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