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Only promissory note holders can initiate foreclosures in Washington state

Ballard Spahr LLP
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USA
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August 23 2012

The Supreme Court of Washington has determined that, under the Washington deed of trust act, only the actual holder of a promissory note can be the beneficiary with the power to appoint a trustee to proceed with a nonjudicial foreclosure on real property

Court weighs in on Maryland HOA act disclosure requirements: Lipitz v. Hurwitz

Ballard Spahr LLP
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USA
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October 31 2012

The Court of Special Appeals of Maryland has ruled that the seller of real property within a state homeowners association is required to provide

HUD face-to-face meeting rule gets expansive reading from Virginia high court

Ballard Spahr LLP
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USA
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May 10 2012

In a decision affecting all lenders in Virginia that issue FHA-insured home loans, the Supreme Court of Virginia has adopted an expansive reading of HUD’s requirement of face-to-face meetings prior to foreclosure

Failure to maintain roof is affirmative defense of unit owner’s nonpayment of assessments: Spanish Court Two Condominium Association v. Carlson

Ballard Spahr LLP
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USA
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October 31 2012

An Illinois appeals court ruled that a unit owner could cite the condominium association's failure to maintain common elements as an affirmative

Residential lenders in Nevada losing out in HOA lien foreclosures

Ballard Spahr LLP
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USA
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March 19 2013

In recent months, homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. HOAs are a part of

CFPB files amicus brief in Second Circuit ILSA case

Ballard Spahr LLP
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USA
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April 1 2013

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumerappellee's position that the Interstate Land Sales Full Disclosure Act

Mortgage foreclosure is debt collection under the FDCPA, Sixth Circuit holds

Ballard Spahr LLP
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USA
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January 23 2013

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are "debt collectors" subject to the Fair Debt

Decisions may limit use of exemptions under Interstate Land Sales Full Disclosure Act

Ballard Spahr LLP
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USA
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June 9 2010

Two recent court decisions may limit the use of some exemptions under the Interstate Land Sales Full Disclosure Act (ILSFDA

Kentucky county clerks cannot sue MERS for failure to record mortgage assignments, Sixth Circuit rules

Ballard Spahr LLP
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USA
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February 27 2013

The U. S. Court of Appeals for the Sixth Circuit recently affirmed the district court's dismissal of a putative class action filed against Mortgage

Uniform state test implementation nearing

Ballard Spahr LLP
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USA
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March 21 2013

As we previously noted, on April 1, 2013, 20 state agencies will begin to accept the Uniform State Test (UST) in connection with the licensing of

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Search results

Only promissory note holders can initiate foreclosures in Washington state

Court weighs in on Maryland HOA act disclosure requirements: Lipitz v. Hurwitz

HUD face-to-face meeting rule gets expansive reading from Virginia high court

Failure to maintain roof is affirmative defense of unit owner’s nonpayment of assessments: Spanish Court Two Condominium Association v. Carlson

Residential lenders in Nevada losing out in HOA lien foreclosures

CFPB files amicus brief in Second Circuit ILSA case

Mortgage foreclosure is debt collection under the FDCPA, Sixth Circuit holds

Decisions may limit use of exemptions under Interstate Land Sales Full Disclosure Act

Kentucky county clerks cannot sue MERS for failure to record mortgage assignments, Sixth Circuit rules

Uniform state test implementation nearing

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