Avery Simmons

Avery Simmons

Bradley Arant Boult Cummings LLP

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Latest Publications


Mortgage-Loan Modification Scam Ends with Serious Consequences

A California man that operated as a high-level sales executive for a fraudulent residential mortgage-loan modification scheme will now spend several years in jail. From 2009 to 2016, Mehdi Moarefian (aka Michael Miller)...more

9/16/2016 - Banking Sector Borrowers Convictions Criminal Prosecution Foreclosure HAMP Loan Modifications Mortgage Lenders Mortgage Servicers Mortgages Residential Real Estate Market Restitution

Connecticut Supreme Court Upholds Constitutionality of MERS Recording Statute

In a recently issued opinion, the Connecticut Supreme Court upheld the constitutionality of a recording statute specifically targeted by the Connecticut legislature to impose higher recording fees on residential mortgage...more

2/23/2016 - CT Supreme Court Dormant Commerce Clause Equal Protection MERS Mortgages Recording Fees

Indiana Court Weighs in Deficiency Judgments

The Indiana Court of Appeals recently held that creditors must move for an in personam remedy in the original foreclosure judgment or forfeit their right to collect deficiency funds. In Elliott v. Dyck O’Neal, the bank...more

11/19/2015 - Borrowers Default Judgment Deficiency Judgments Foreclosure In Rem Jurisdiction In-Personam Remedies

New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations

After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used by parties seeking deficiency...more

6/9/2015 - Affidavits Deficiency Judgments Evidence Foreclosure Mortgages

BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

5/10/2013 - Clawbacks Document Productions Document Review Email Record Preservation Sanctions

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