News & Analysis as of

Dual Tracking Restrictions

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending August 23, 2019

Carlton Fields on

Real Property Update - Foreclosure Sale: borrowers failed to allege adequate equitable factors and make proper showing to justify setting aside foreclosure sale, but instead re-litigate issues determined in underlying...more

Dorsey & Whitney LLP

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

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A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates...more

Hinshaw & Culbertson LLP

Borrower Who Obtains A Preliminary Injunction Is Entitled To A Fee Award

In Monterossa v. Superior Court (PNC Bank), 2015 DJDAR 6488, the California Court of Appeal for the Third District decided a case of first impression under Code of Civil Procedure Section 2924.12(i) enacted in 2012. The...more

Burr & Forman

Litigation Exposure Under The 2013 Dodd-Frank Mortgage Servicing Regulations

Burr & Forman on

In This Issue: - Introduction - Potential Litigation Exposure Under the New Mortgage Servicing Regulations Governing Responses to Borrower Inquiries ..Which of the New Servicing Regulations Governing Responses...more

Mintz

Dual Track Auctions for Distressed Companies – Interview with Rich Moche, Member, Mintz Levin

Mintz on

Attorney Rich Moche, Chair of Mintz Levin's Public Finance Practice, talks about an innovative approach to maximizing the value of a distressed asset....more

Ballard Spahr LLP

CFPB revises exam procedures to include summaries of new mortgage rules

Ballard Spahr LLP on

Last week, the CFPB published a second update to its examination procedures to account for the new mortgage regulations going into effect in January 2014....more

Ballard Spahr LLP

The Impact of Dual Tracking Restrictions on Foreclosure Rates in California

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Foreclosure rates are declining in California. Many tout an improving economy as a reason for this trend. The impact of new legislation that restricts lenders and mortgage servicers from foreclosing on residential mortgages...more

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