Illinois passes legislation ratifying the validity of foreclosure judgments where there was a defect…

Two pieces of legislation recent passed the both houses of the Illinois General Assembly that affect foreclosure and mortgage related litigation. Both are awaiting the signature of the governor. The first bill, SB2432, was clearly directed at redressing the consequences of the 2015 decision of Arch Bay Holdings, LLC-Series 2010B…

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New Jersey court says mortgagor may not fail to pursue a defense and then…

The Superior Court of New Jersey upheld the decision of a lower court granting judgment for a mortgagee in a civil action which alleged the mortgagee engaged in fraud by obtaining a foreclosure judgment when there was allegedly a loan modification in place. The appellate court held that because the…

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California district court holds debt collector not liable under the FDCPA for targeting a…

A California district court held that a debt collector was not liable under the FDCPA for targeting a person with the same name as the debtor because the debt collector never made a false statement and the error in targeting the plaintiff was bona fide. The debt collector in Hedayati…

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Launch of Our New Website – MortgageCompliance.Law

We are happy to announce the launch of our new platform MortgageCompliance.Law, a website dedicated to serving mortgage lenders, investors and servicers. MortgageCompliance.Law provides its users with legal updates that are specifically relevant to the mortgage industry and tools to assist in mortgage regulatory compliance. MortgageCompliance.Law will continue to grow…

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Mortgagee’s failure to comply with Massachusetts’s post foreclosure notice requirments did not render foreclosure…

In Turra v. Deutsche Bank Trust Co. Americas, 476 Mass. 1020, 68 N.E.3d 631 (Jan. 30, 2017) the Massachusetts Supreme Court held that a mortgagee’s failure to provide post-foreclosure notices required by statute did not render the foreclosure void. The mortgagor contended that the completed foreclosure of her home was…

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