Consumer Protection › Bankruptcy › Residential Real Estate

Maryland's highest court blocks another foreclosure defense

On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more

Home Loan Modification Help FAQs from the State Bar of California

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

MICHAEL L. JONES v WELLS FARGO BANK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA OPINION AFFIRMING $3.1 MILLION PUNITIVE DAMAGE AWARD AGAINST WELLS...

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHEAL L. JONES vs WELLS FARGO BANK OPINION Before the Court is Appellant Wells Fargo Bank, N.A.'s Appeal from a decision of the United States...more

Aldridge v. OneWest Bank, FSB

Evidence filed with Motion for Summary Judgment

View the evidence yourself and decide whether OneWest Bank, FSB has a perfected security interest in the real property belonging to the Debtor in this case. Attorney for the Debtor is now preparing to take this case to...more

Aldridge v. OneWest Bank, FSB

Motion for Summary Judgment

Court denies Debtor's Motion for summary judgment despite OneWest Bank's pattern and practice of filing 'questionable' documents with bankruptcy courts all over the country. ...more

David L. Gibbs Interviewed by LexisNexis About Online Q&A Sites

Recently, Senior Partner David L. Gibbs of The Gibbs Law Firm, APC was asked by LexisNexis | Martindale-Hubbell to discuss Legal Question & Answer Forums. The interview addresses the benefits of such forums for both consumers...more

In re: Chapter 7 Case No. 11-24269 JUANITA STRASSFIELD, Debtor.

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY BASED ON FILING FALSE DOCUMENTS WITH THE COURT

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY AND PARTIALLY GRANTING RELIEF SOUGHT IN OBJECTIONS THERETO Upon the motion, dated January 24, 2012 (the “Motion”), of Wells Fargo Bank, N.A. (“Wells Fargo”) to...more

‘Tis The Season To Be WARY!

Tax season is on us once again and many are thinking about how to make the best use of any tax refund to pay down their obligations. Be aware: scammers are out there and are plotting strategies to separate you from your...more

Homeowners Alert: Foreclosure Prevention In GA

Good news for some struggling Georgia homeowners who have been "hit the hardest" by the economy. A program to "prevent foreclosures" has been launched by the State of Georgia, Department of Community Affairs under the name...more

Update of Foreclosure Law In Georgia

A recent decision of the Georgia Court of Appeals issued July 12, 2012, provides additional protection to homeowners and others who own real property in Georgia who have a security deed and note with a lender. Foreclosure in...more

CFPB Proposes New Servicing Rules - TILA

On September 26, 2012, we notified you about the proposed rules promulgated by the Bureau of Consumer Financial Protection (Bureau) to amend Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA)...more

How Chapter 13 Bankruptcy can Resolve Foreclosure

Chapter 13 bankruptcy can be the easiest way out of foreclosure and the best chance to save your home....more

Financially Adrift and Lost on Long Island

A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more

Preventing Foreclosure in Georgia Homes

The Atlanta Journal-Constitution recently reported that, in 2011, the state of Georgia suffered the fourth highest rate of foreclosures in the U.S. Of course, not every default on mortgage payments results in a foreclosure...more

Banking & Financial Services E-Note - July 2012

In This Issue: - White House Mortgage Refinancing Efforts Limited by Banks' Capacity - CFPB Proposes New Rules to Increase Mortgage Disclosure - U.S. Lawmakers Urge Strong Legal Protection for Mortgage...more

CFPB: Next Up, Reverse Mortgages!

In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...more

What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?

If you are a Massachusetts resident that faces foreclosure or may be facing foreclosure in the future, you sure want to read this post. Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359 or (413)...more

Can a Second Mortgage be Wiped Out in Bankruptcy?

Changes may be on the horizon allowing debtors to "cram down" or "strip" second mortgages in Chapter 7 Bankruptcy....more

Eaton v. Federal National Mortgage Association

Final decision in Eaton, the decision that changes foreclosure practice in Massachusetts.

This is a copy of the long-awaited, important Massachusetts decision concerning foreclosures in Massachusetts titled Eaton v. Federal National Mortgage Association. It was issued 22 June 2012 and makes a substantive change...more

Housing Market: Path to Recovery or Further Decline?

Many experts are claiming that the housing market is on the road to recovery. Is it truly a good time to buy or is further decline imminent?...more

CFPB: Re-Opening "Ability-to-Repay"

On June 5, 2012, the Consumer Financial Protection Bureau (Bureau) announced that it is "reopening the comment period" for the proposed rule, issued on May 11, 2011 by the Federal Reserve Board (Board), addressing the new...more

Can I keep my vacation (or second) home if I file for chapter 7 bankruptcy?

If you have real estate and are contemplating filing for bankruptcy, especially if you have more than one property, you will want to give this a read. Will you keep your property? Check it out. Contact: George E....more

Bankruptcy Protection for Subprime Owners Inadequate

Ever since the subprime mortgage crisis hit the nation in the late part of the last decade, there has been an acute need for changes in the bankruptcy law. As it stands, the bankruptcy code does do enough to protect the...more

Discharging Rent Arrears in Bankruptcy

Many people with past due rent arrears find relief through the bankruptcy process. In addition, a bankruptcy filing invokes the automatic stay and could be used as a powerful tool to combat a potential eviction proceeding. ...more