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The U.S. House of Representatives unanimously passed the SAFE Transitional Licensing Act by voice vote. The bill could alter the way that mortgage loan officers at a federally-insured institution move to nonbank lenders.

Morgan L. Weinstein of Van Ness Law Firm, PLC recently had an article published in the University of New Hampshire Law Review titled The Non-Uniform Commercial Code: The Creeping, Problematic Application of Article 9 to Determine Outcomes in Foreclosure Cases. ...

In Holm v. Wells Fargo and Freddie Mac, Missouri Court of Appeals, Western District No. 78666, the Missouri Court of Appeals addressed a wrongful residential foreclosure lawsuit. The Court of Appeals affirmed the judgment against Wells Fargo (servicer) which included $2,959,123 in punitive damages and $200,000 in emotional stress damages. The appellate court reversed the judgment regarding $89,762.30 awarded to the borrower concerning a claim for a post-foreclosure loss in value to the residence; $6,150 awarded to borrower for post-foreclosure repairs made by the borrower; and the award which had quieted title to the residence to the borrower (this aspect of the Court of Appeals’ decision revived Freddie Mac’s deed of trust).

The recent Appellate Court decision in Prescott v. Seterus, Inc., 2015 U.S. App. LEXIS 20934, has gained nationwide notice. Although the decision is only binding on the Eleventh Circuit, it has opened the door and neatly laid the ground work for other jurisdictions to give similar rulings in the future.

white-collar-crime-twoOn April 4, 2016, HUD’s General Counsel released guidance for all housing providers (not just those who are HUD subsidized) regarding how the use of criminal background checks could potentially violate fair housing laws.

As the real estate market contracted over the past decade, surplus proceeds, resulting from an overbid at foreclosure sale, occurred infrequently.

On December 1, 2015, consumer bankruptcy practitioners received an early Christmas gift from the Judicial Conference overhaul of the majority of the most frequently used forms.

Los Angeles, San Diego, and Sacramento counties continue to be heavily impacted by the Sargent Shriver Civil Counsel Act (“Shriver Act”).

The 84th Texas Legislative session passed three bills that directly affect the foreclosure process.

President Obama credits Dodd-Frank and other financial reform with much of the country's economic progress since the crisis. But he says it's not enough.