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Pennsylvania Appellate Court Rules that State Attorney General Cannot Seek Restitution Under State UDAP Statute

By Stephen M. Hladik, Esq. and Douglas Sullivan, Esq., Hladik, Onorato & Federman, LLP. In a major decision, the Pennsylvania Commonwealth Court ruled that the Attorney General cannot seek the remedy of consumer restitution under the Unfair Trade Practices and ...

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SCOTUS Rules that Fair Debt Practices Act Does Not Apply to Time-Barred Proofs of Claims Filed in Bankruptcy Cases

By Jason K. Wright, Weltman, Weinberg & Reis On May 15, 2017, the Supreme Court of the United States (SCOTUS) issued a decision in Midland Funding, LLC v. Johnson, ruling that filing an obviously time-barred proof of claim in a Chapter ...

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Two Bills That Affect Maryland Foreclosure Notices

By John Ansell, Rosenberg & Associates The Maryland legislature has passed House Bill 26 (“HB26”) which amends the foreclosure notice provisions contained in Maryland Real Property Article 7-105.2. HB26, slated to take effect on October 1, 2017, provides that notice ...

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Mandatory E-Filing Comes to Illinois, Additional Rules and Amendments Anticipated

By Codilis & Associates, P.C. Mandatory electronic filing will be required by the Illinois Supreme Court and Appellate Courts effective July 1, 2017, and in all circuit courts effective January 1, 2018. Barring extensions to the mandate, once these deadlines ...

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Handling a Property Code Violation in New Jersey Municipal Court

By Mario A. Serra, Jr. & Robert E. Smithson, Jr., Fein Such Kahn & Shepard Municipal court violations have become a more common occurrence for chancery practitioners over the past couple of years.  Until recently, handling matters in these courts ...

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Illinois Appellate Court Holds that the Statute of Limitations for TILA Counterclaims to Debt Collection Actions is not Indefinite

By: Ryan Sawyer – Codilis & Associates, P.C. Section 1640(e) of the Truth in Lending Act provides that any action under the TILA may be brought “within one year from the date of the occurrence of the violation . . ...

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Regulatory Guidance is Needed on Private Label Servicing

By Craig Nazzaro, Baker Donelson As compliance costs continue to rise for mortgage servicing so does the popularity of private label servicing.  As a product, private label servicing is not complicated.  A subservicer will service your institutions portfolio with your ...

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Missouri Court Of Appeals Denies Heir’s Attempt To Strip A Lender’s Deed Of Trust Because Of an Alleged Failure To Make A Timely Probate Claim

By William H. Meyer, Partner, Martin Leigh In December 2016 the Missouri Court of Appeals, Western District considered a challenge to a lender’s deed of trust against real property.  That case is styled Lester v. Nationstar Mortgage, LLC, ___ S.W.3d ___ ...

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Partial Lender Protection Against Property Preservation Suits in Illinois

By Lauren Riddick, Codilis & Associates A recent case from the Illinois Supreme Court may help protect lenders, at least partially, from suits stemming from property preservation.  In Schweihs v. Chase Home Finance, 2016 IL 120041, a lender-employed contractor entered ...

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New Developments in Ohio Foreclosure Law

By LeAnn E. Covey, Clunk, Paisley, Hoose Co. The Ohio Senate passed House Bill 390 into law on June 28, 2016 and became effective law on September 28, 2016.  This changed and added several sections of the Ohio Revised Code ...

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