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Henning vs Wachovia Mortgage FSB aka Wells Fargo Bank N.A.

Federal Judge William Young in Massachusetts Orders Wells Fargo and a majority of its board to approve a corporate resolution...

Federal Judge William Young in Massachusetts is making an unusual request of Wells Fargo in a Sept. 17 ruling in which he's requiring the bank's president and a majority of its board to approve a corporate resolution stating...more

Weekly Law Resume - August 15, 2013: A Homeowner’s Lawyer May Not Attend HOA Meetings Without HOA Approval

SB Liberty, LLC v. Isla Verde Association, Inc. - Court of Appeal, Fourth Appellate District, Division One (May 22, 2013) - In 2006, Gregg and Janet Short purchased a home in the Isla Verde residential community...more

PHILLIP R. CORVELLO, Plaintiff-Appellant, v. WELLS FARGO BANK, NA, DBA America’s Servicing Company, DBA Wells Fargo Home Mortgage, Inc., Defendant-Appellee

APPELLANTS’ OPENING BRIEF Re: Wells Fargo Mortgage Modification Lawsuits Revived by 9th Circuit Court of Appeals

ISSUES PRESENTED 1. Whether the district court erred in ruling that plaintiffs failed to allege the existence of binding TPP Agreements. 2. Whether the district court erred by dismissing plaintiffs’ breach of TPP...more

Weekly Law Resume - August 1, 2013: Homeowners Associations – Equal Access Requirements For Elections

Paul Wittenberg et al. v. Beachwalk Homeowners Association - Court of Appeal, Fourth District (June 26, 2013) - California Civil Code sections 1363.03(a)(1) and (a)(2) require that in an election, homeowners...more

How Can Condo Directors Avoid Personal Liability?

We have, in the recent past, blogged about the Boily case. In this Ottawa case, a board of directors was found to be in contempt of court and was ordered to personally pay in excess of $96,000 in legal costs. ...more

Unsuccessful Lawsuit By Condo Owner - The Cost Implications

In a previous blog, we reported on a case, Harvey v. Elgin Condominium Corporation No. 3, where an unhappy unit owner sued the Corporation for various alleged infractions relating to the replacement of existing wooden decks,...more

Office of the Comptroller of the Currency’s Minimum Standards for Prioritization and Handling Borrower Files Subject to Imminent...

Office of the Comptroller of the Currency’s Minimum Standards for Prioritization and Handling Borrower Files Subject to Imminent Foreclosure Sale for all OCC Regulated Banks. The OCC guidance is significant because it...more

Senator Elizabeth Warren's May 14, 2013 letter to Ben Bernanke, Eric Holder, & Mary Jo White

Senator Elizabeth Warren's May 14, 2013 letter to The Board of Governors of the Federal Reserve System, U.S. Department of Justice...

Senator Elizabeth Warren Pushes Feds For Answer On Big Bank Enforcement WASHINGTON — Sen. Elizabeth Warren (D-Mass.) raised the stakes of her quest to find out why a single Wall Street bank has not been prosecuted in the...more

Court Of Appeal Makes Condominium Association Foreclosures More Costly

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia...more

Directors Found To Be In Contempt Ordered To Pay $96,000 In Legal Fees

We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. ...more

Condo Alert: Sheave Jammer Settlement Funds -- March 29th, 2013 Deadline

In 2006, the Technical Standards and Safety Authority (TSSA) ordered that all elevator sheave jammers manufactured or installed by ThyssenKrupp be replaced. Many Condominium Corporations were affected by this order and had to...more

Directors Found To Be In Contempt Of A Court Order

In a previous post, we reported on the Boily v. CCC 145 case, where a board of directors was ordered to reinstate the prior landscape of the condominium courtyard and to personally pay a substantial portion of the legal...more

Noise Complaints In Condos : The Perils Of Failing To Enforce Condo Rules

Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting...more

Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an "REO" property which the...more

REPORT of U.S. Department of Housing and Urban Development Re: Audit for Wells Fargo Bank,Foreclosure and Claims Process

RESULTS OF REVIEW Wells Fargo did not establish effective control over its foreclosure process. This failure permitted a control environment in which The affiants routinely signed and certified that they had personal...more

Condominium Case Review for 2012

As we’re quickly approaching a new year, we’ve taken a look back at the condominium cases that were reported in 2012. As usual, its been an interesting year and for many on the losing side of these court decisions (and...more

The Condo Report: Special Edition - All about pets in condominiums

TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more

Should violent Condo Owners be forced to sell and leave?

In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards...more

Court Declares Lien Against Condo Unit Invalid

In a recent case, Pearson v. CCC No.178, the court considered whether a condominium corporation could recover as common expenses the legal costs it incurred for legal advice related to the defence of Small Claims Court...more

Condo Directors Held Personally Liable for Legal Costs - A Follow-up

In response to our recent post on the case of Boily v. Carleton Condominium Corp. No. 145, where board directors were held by a court to be personally responsible for legal costs incurred by a group of owners, one of our...more

Another Condo Pet Eviction

Pet owners in condominiums who fail to familiarize themselves with the condominium’s restrictions on pets, or who blatantly ignore these restrictions, do so at the risk of having a court order that the pet be permanently...more

Condominium and New Home Warranties and Rights of Action

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

Condominium Owners' Right to Sue Developer for Common Element Deficiencies

Section 23(1) of the Condominium Act (the “Act”) empowers a condominium corporation to sue on its own behalf and on behalf of all unit owners in respect of damage to the common elements. In the case of 1420041 Ontario Inc. v....more

Condo Directors Held Personally Liable For Legal Costs

The Condominium Act (the “Act”) has several provisions (sections 85, 134(5) and 135(3) which place the financial burden of obtaining compliance orders on those responsible for the non-compliance, thus relieving innocent...more

When Can Private Security Stop and Detain?

Today we begin a new feature for Appellate Strategist -- detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature...more

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