Third Circuit's Brilliant Opinion on TILA's Rescission teaches Fourth Circuit how to enforce laws as written 11 Jul 2013 | 10:11 pm

Below is a recent opinion from the Third Circuit holding that a consumer can exercise the right of rescission under TILA by simply mailing a notice of rescission within 3 days or 3 years (whichever pe...

West Virginia Suit Against MERS Allowed to Proceed in State Court 1 Mar 2013 | 07:12 pm

COUNTY OF WYOMING, WEST VIRGINIA, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, N.A., et al., Defendants. Civil Action No. 5:12-cv-01465. United States District Court, S.D. West Virginia, Beckley Di...

Sixth Circuit (like Fourth) Holds Foreclosure Is Debt Collection under FDCPA 27 Feb 2013 | 09:51 pm

704 F.3d 453 2013 FED App. 0016P (6th Cir.) LAWRENCE R. GLAZER, Plaintiff-Appellant, v. CHASE HOME FINANCE LLC; CINDY A. SMITH; REIMER, ARNOVITZ, CHERNEK & JEFFREY CO., L.P.A.; RONALD CHERNEK; and DA...

Virginia homeowner's FDCPA claim survives in Federal Court 20 Feb 2013 | 10:12 pm

VELMA AND LANDON TOWNSEND, Plaintiffs, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, ET AL., Defendants. CASE NO. 3:12-cv-00045 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA, CHARLOT...

Somewhat Decent Fed Virginia Opinion, Hot Off the Presses 31 Jan 2013 | 10:38 pm

One claim survived, but the courts continue to get it wrong.  Because the power of sale never accrued, the quiet title claim should not have been dismissed.  In any event, the breach of contract claim...

Case illustrating difficulty of challenging Virginia foreclosures at eviction stage 18 Jan 2013 | 12:54 am

Federal National Mortgage Association v. Stephanie P. Harbin Docket No.: CL11-4336 CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 20, 2012, Decided OPINION BY: Leslie L. Lilley OPINI...

Quiet Title is Possible in Florida Foreclosure Actions 15 Jan 2013 | 11:37 pm

Elizabeth Spencer, Appellant, vs. EMC Mortgage Corporation, Appellee. No. 3D11-136 COURT OF APPEAL OF FLORIDA, THIRD DISTRICT 97 So. 3d 257; 37 Fla. L. Weekly D 2068 August 29, 2012, Opinion Filed...

Another bone thrown to the masses 14 Jan 2013 | 08:16 pm

Settlement Expected on Past Abuses in Home Loans By JESSICA SILVER-GREENBERG Published: December 30, 2012 FACEBOOK TWITTER GOOGLE+ SAVE E-MAIL SHARE PRINT REPRINTS Banking regulators are cl...

Virginia Courts continue to dislike technical defenses in foreclosure cases 14 Jan 2013 | 08:11 pm

Also note that a trust in Virginia cannot sue and be sued; that is done by or against the trustee. KATHLEEN AND HAROLD BLICK, Plaintiffs, v. SOUNDVIEW HOME LOAN TRUST 2006-WF1, Defendant. CASE NO. 3...

Interesting perspective on what is happening with the economy and politics 10 Jan 2013 | 09:22 am