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Will the real owner of this mortgage loan please “stand”: the necessary standing for Ohio foreclosure actions after Schwartzwald

Frost Brown Todd LLC
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USA
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December 28 2012

On October 31, 2012, the Supreme Court of Ohio was terrifying the banking industry by its decision in Federal Home Loan Mortgage Corp. v. Schwartzwald

Sales of commercial real estate by federal court receivers

Frost Brown Todd LLC
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USA
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October 1 2012

Commercial real estate foreclosures present a number of significant challenges to lenders, special servicers and their counsel that residential foreclosures do not

Non-bank residential mortgage lenders and originators subject to anti-money laundering and suspicious activities reporting obligations

Frost Brown Todd LLC
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USA
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April 25 2012

In February 2012, the Department of Treasury issued a final rule at parts 1010 and 1029, to now define non-bank residential mortgage lenders and originators as loan or finance companies for the purpose of requiring them to establish anti-money laundering programs and to report suspicious activities under the Bank Secrecy Act

Sixth Circuit avoids bank's lien interest in manufactured home

Frost Brown Todd LLC
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USA
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November 21 2011

The case of In re Dickson, 655 F.3d 585 (6th Cir. 2011) centered on the status of the debtor’s manufactured home under Kentucky law

Kentucky law regarding trade fixtures - more than meets the eye

Frost Brown Todd LLC
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USA
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November 21 2011

Lenders and other creditors often require security interests in the property owned by the borrower or debtor

Ohio Appellate Court upholds authority of receiver to sell property without regard to statutory notice requirements

Frost Brown Todd LLC
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USA
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October 7 2011

In recent years, some question has arisen under Ohio law regarding the authority of a receiver to sell property, thus avoiding a traditional foreclosure sale

Homeower associations are suing banks to force foreclosures

Frost Brown Todd LLC
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USA
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September 25 2011

Foreclosure filings have fallen to their lowest level in almost 4 years

Lawyers not subject to certain HUD regulations concerning mortgage originators

Frost Brown Todd LLC
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USA
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August 28 2011

Among other things, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 requires state-licensed Mortgage Loan Originators to pass a written qualified test which covers federal and state law, to complete pre-licensure education courses, and to take annual continuing education courses

Use of language in the body of a mortgage incorporating an attached legal description of the property encumbered is sufficient

Frost Brown Todd LLC
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USA
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July 10 2011

The Bankruptcy Appellate Panel of the Sixth Circuit recently held in an unpublished decision that in Kentucky, the description of the property encumbered by a mortgage is sufficient if language used in the body of the mortgage prior to signature incorporates an attached exhibit containing the legal description of the property

In Kentucky, identity of borrower can be supplied in an amendment to the mortgage

Frost Brown Todd LLC
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USA
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July 4 2011

Debtors filed a voluntary petition for relief under Chapter 7

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