Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
Who pays attorney fees in a divorce proceeding?
SEC Whistleblower Program: What Employers Need to Know
Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
Appellate Court Advance Release Opinions:
- AC35173 - State v. Mosback
- AC36907 - Rodriguez v. Commissioner of Correction
- AC36499 - Zilkha v. Zilkha
After a judgment of dissolution, the plaintiff...more
An Ohio appellate court has affirmed an order of sanctions against counsel for borrowers who filed a frivolous lawsuit against the lender alleging fraud, breach of contract and estoppel in connection with failed attempts to...more
Cases featuring “dual tracking” claims under California’s Homeowner Bill of Rights seem to be all the rage these days.
My last post, Tender Not Required for a “Dual Tracking” Claim, highlighted a recent Court of Appeal...more
The U.S. Court of Appeals for the Third Circuit recently ruled that foreclosure complaints can be the basis of Fair Debt Collection Practices Act (FDCPA) claims. This decision continues the Third Circuit's expansive...more
On April 7, 2015, a decision in the case of Kaymark vs. Bank of America, N.A. was handed down by the Third Circuit Court of Appeals, in a precedential opinion authored by Judge Fisher and joined in by Judges Fuentes and...more
The voluntary dismissal of a foreclosure action pursuant to a settlement agreement does not make the borrower the “prevailing party” for purposes of a motion for attorneys’ fees, the Florida Court of Appeals has ruled. The...more
Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) –
A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Attorneys’ Fees: trial court did not abuse its discretion in awarding attorneys’ fees and costs of $74,429 against bank following dismissal of foreclosure action as sanction...more
On July 11, the Denver Post reported that Colorado Attorney General (AG) John Suthers is investigating whether foreclosure law firms are inflating fees that are added to the cost of the foreclosure and mortgage balance, and...more
On April 15, Freddie Mac issued Bulletin Number 2013-6, which announces numerous revisions to servicing requirements. The bulletin updates the allowable amounts for attorney fees for default-related legal services and details...more
Originally Published in Daily Journal, January 15, 2013.
As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt into law the residential mortgage foreclosure reform principles...more
On December 13, Fannie Mae issued Servicing Guide Announcement SVC-2012-26 to update the maximum allowable foreclosure attorney fees for mortgage loans, participation pool mortgage loans, and MBS mortgage loans serviced under...more
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