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USFN Publications Year in Review – 2019

Posted By USFN, Wednesday, January 8, 2020

by James Pocklington, Publications Committee Chair                         
McCalla Raymer Leibert Pierce, LLC
USFN Member (AL, CA, CT, FL, GA, IL, MS, NV, NJ, NY)

and Jessica Rice, Publications Committee Vice Chair 
Trott Law, P.C.        
USFN Member (MI, MN)

2019 was an active year, with events ranging from organizational changes at USFN to landmark legal decisions like Obduskey v. McCarthy & Holthus LLP. Below are links to content that was published in USFN publications throughout the year, categorized by jurisdiction and subject matter.

 

Foreclosure/General

Bankruptcy

REO

Legislative/Regulatory

National

Supreme Court Grants Certiorari in FDCPA Statute of Limitation Case 3/25/19

Obduskey v. McCarthy & Holthus LLP Supreme Court Decision a Win for the Industry 3/27/19

USFN Briefing Follow-up: Obduskey v. McCarthy Holthus LLP 4/15/19

Federal Court Clarifies Mortgage Servicer Responsibilities after Loan Transfers 4/15/19

Recent U.S. Supreme Court Decision to Have Significant Industry Impact 5/8/19

Controlling What You Can When Managing a Natural Disaster Event 7/17/19

U.S. Supreme Court Sets Legal Standard for Violations of Bankruptcy Discharge Order 7/8/19

USFN Briefing Follow-up: Bankruptcy 10/14/19

USFN Briefing Follow-up: REO/Eviction 6/17/19

July 2019 USFN Briefing Follow-up: REO/Eviction 8/12/19

CFPB: Year in Review & Advance 5/13/19

Freddie Mac Adjusts Approved Attorney Fees 6/17/19

 

 

First Circuit

U.S. First Circuit Court of Appeals Allows Integrated Business Record Exception to Hearsay 6/17/19

Chase v Thompson Prior Holding Vacated by First Circuit Court of Appeals 7/31/19

 

 

 

Third Circuit

Recent Cases Help to Interpret the Fair Debt Collection Practices Act 5/8/19

 

 

 

Fifth Circuit

Fifth District Court Holds Bank Entitled to Designate Corporate Representative for Deposition 7/16/19

Fifth Circuit Clarifies Servicer’s Loss Mitigation Obligations 7/16/19

 

 

 

Sixth Circuit

Recent Cases Help to Interpret the Fair Debt Collection Practices Act 5/8/19

 

 

 

Seventh Circuit

Recent Cases Help to Interpret the Fair Debt Collection Practices Act 5/8/19

 

 

 

Eight Circuit

Federal Court Clarifies Mortgage Servicer Responsibilities after Loan Transfers 4/25/19

 

 

 

Eleventh Circuit

 

Eleventh Circuit Court of Appeals Maintains Mortgage Statements Don't Violate Bankruptcy Code 10/10/19

 

 

Arizona

United States District Court for the District of Arizona Rules a Notice of Intent to Accelerate May Decelerate the Loan

3/25/19

 

 

 

California

California Supreme Court Limits Application of the State’s Anti-Deficiency Statute 7/15/19

California 5th Appellate District Reverses an Award of Attorney’s Fees Following Granting of Temporary Restraining Order 12/18/19

 

California Eviction Timelines Changing 10/15/19

California State Military and Veterans Code Updated 3/25/19

Central District of California Loan Modification Management Pilot Program Streamlines Review Process 12/18/19

California to Allocate $331 Million to Provide Legal Assistance to Renters and Homeowners 12/18/19

 

Connecticut

Appellate Court Rules Originating Lender Not Liable for Alleged Bad Acts by Mortgage Broker 4/15/19

Connecticut Supreme Court Reversal Will Affect Foreclosure Disputes 8/12/19

Connecticut Appellate Enforced Mortgage Where Witness Not Present at Closing 10/15/19

Trial Court Decision on Standing, Laches, Unclean Hands Upheld on Appeal 10/21/19

Awarding Committee for Sale’s Fees and Costs Does Not Violate Automatic Stay 12/18/19

Connecticut Case Addresses Bankruptcy Stay’s Impact on Judgments of Strict Foreclosure 12/18/19

Crumbling Foundation in Connecticut and Appraiser Liability 12/18/19

Awarding Committee for Sale’s Fees and Costs Does Not Violate Automatic Stay 12/18/19

Connecticut Case Addresses Bankruptcy Stay’s Impact on Judgments of Strict Foreclosure 12/18/19

July 2019 USFN Briefing Follow-up: REO/Eviction 8/12/19

 

Georgia

 

 

July 2019 USFN Briefing Follow-up: REO/Eviction 8/12/19

 

Illinois

Illinois Court Finds General Denial as Admission Condition Precedent 7/17/19

 

July 2019 USFN Briefing Follow-up: REO/Eviction 8/12/19

 

Kansas

Reverse Mortgage Redemption in Kansas 8/12/19

 

Total Debt Bids in Kansas 10/10/19

 

 

 

Maryland

I Can Name That Tune in One (Lost) Note 8/12/19

 

 

Important Changes to the Enforceability of Maryland Tax Liens 8/12/19

Michigan

If Mortgage Debt is Not Paid in Full, Funds Beyond Mortgagee’s Bid are Not Surplus Proceeds 6/18/19

 

 

 

Nebraska

 

 

USFN Briefing Follow-up: REO/Eviction 6/1719

 

New Hampshire

 

 

 

New Hampshire Bill Proposes Change in Foreclosure Process from Nonjudicial to Judicial 6/17/19

New Jersey

New Jersey: Appellate Court Finds Lost Notes May Be Enforced Even if Not in Possession When Lost 5/20/19

 

 

New Jersey Enacts Nine Bills Affecting Residential Foreclosure Process 7/15/19

New York

New York Court of Appeals Considering Two Key Statute of Limitations Cases 12/18/19

 

 

New York Announces Creation of Consumer Protection and Financial Enforcement Division 7/15/19

North Carolina

In re George: Innocence Won 3/25/19

Status of Title Post FC Sale in North Carolina – You Better Get It Right the First Time! 5/20/19

North Carolina: Lost Notes Can Be Used in Power of Sale Foreclosure When Present Holder Lost Note 5/20/19

 

 

 

Ohio

Adoptive Business Records in Ohio’s Courtrooms 6/17/19

 

 

 

Ohio Senate, House Bills Focus on Lending Industries, Notaries 5/20/19

Ohio Legislature Enacts New Requirements for Mortgage Servicers 5/20/19

Oklahoma

Oklahoma Recognizes Priority of Mortgage Over HOA Liens 10/15/19

 

 

Oklahoma Amends Statute Regarding Sheriff’s Appraisals 10/15/19

Oregon

 

 

Tips for Oregon REO Property Owners in Navigating the New Landlord-Tenant Terrain 8/12/19

 

Rhode Island

Rhode Island Federal Court Ruling Could Change GSE Nonjudicial Foreclosure Process Across the Country 4/15/19

 

 

 

South Carolina

South Carolina: Lender’s Loan Application Process Did Not Violate Attorney Preference Statute 5/20/19

 

 

 

South Carolina House Bill 3243 Streamlines Filing Fees for Real Estate Documents 10/15/19

South Carolina Legislature Authorizes Department of Revenue to File Tax Liens Statewide with an Online Database System 4/15/19

South Carolina Enacts Servicemembers Civil Relief Act 6/17/19

Vermont

 

Pretty Penny to Pay for Violating Rule 3002.1(c) 10/15/19

 

 

Washington

Could Your Loan be at Risk? 10/15/19

 

 

 

 

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