Scott Michalove

Scott Michalove

Baker Donelson

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Latest Publications


New Georgia Law Sets Deadlines for Deeds, Relaxes Attestation Requirements

If you thought you knew the decades-old Georgia requirements for attesting a security instrument or recording a deed under power, think again. These basic rules are changing on July 1, 2015, and the changes are expected to...more

5/15/2015 - Deeds Mortgage Servicing Rules Mortgages Recording Requirements Security Deed

RESPA Amendment Changes Rules, Deadlines Regarding Errors Communications

In July of 2010, the Real Estate Settlement Procedures Act (RESPA) was amended by Congress to reduce the time period from twenty days to five days for a servicer to acknowledge receipt of a qualified written request, and from...more

8/5/2014 - CFPB Mortgage Servicers Mortgages New Amendments Notice Requirements Regulation X RESPA

Foreclosure Notice Which States that Servicer has Authority to Amend or Modify the Loan May Not Satisfy Georgia Law

Eight months ago, we sent a client alert when the Georgia Supreme Court released its opinion responding to questions certified by the U.S. District Court for the Northern District of Georgia in You v. J.P. Morgan Chase Bank,...more

3/4/2014 - Banking Sector Foreclosure Mortgage Servicers

Georgia's Long-Awaited Ruling Finds in Favor of Lenders

Today, the Georgia Supreme Court, in You v. JP Morgan Chase Bank, N.A. et al., S13Q0040, held that the assignee of a security deed can conduct a non-judicial foreclosure sale without holding or owning the underlying...more

5/22/2013 - Foreclosure Lenders Mortgages Promissory Notes Security Deed

Beware of Intervening Liens in Subordination Agreements

Most lenders that service second mortgages or equity lines have received requests to subordinate their loan to a subsequent refinance loan. Many times these requests come years after the refinance loan was closed. Most...more

2/15/2013 - Lenders Liens Loans Refinancing Subordination

Important Update on Georgia Foreclosures

Last year, we alerted to you to a ruling by the Georgia Court of Appeals that altered the notice requirements for non-judicial foreclosure in Georgia. In that case, Reese v. Provident Funding Associates, the Georgia Court of...more

2/15/2013 - Foreclosure JPMorgan Chase Loan Servicer Non-Judicial Foreclosures Secured Creditors Security Deed Split of Authority

Will Actions of the CFPB Be Deemed Invalid?

A recent decision of the United States Court of Appeals for the District of Columbia Circuit has brought into question the validity of actions taken by the Consumer Financial Protection Bureau (CFPB). The case in question,...more

2/15/2013 - Barack Obama Canning v NLRB CFPB Dodd-Frank NLRB Recess Appointments Richard Cordray

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