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2010

Blog Posts in 2010

  • Foreclosure Crisis: Articles, Laws, & Court Decisions

    New Maryland Rule Affords Homeowners Additional Rights There were nearly 10,000 foreclosures across the state in the first four months of 2009.This trend is expected to continue for many months if not years. Maryland lawyers and the state judiciary of doing what they can to assist homeowners in dealing with imminent foreclosure of their homes. In so doing, more than 700 attorneys have volunteered ...
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  • The Foreclosure Moratorium and the Housing Market Impact on the Economy

    With foreclosure freezes becoming the norm for the big three banks, GMAC/Ally, Bank of America and Chase, you can now also add Litton Loan Servicing and PNC Bank to the mix as additional banks halting their foreclosures to review their procedures. Because of these widespread foresclosure stoppages, many are questioning the impact this will have on the housing market and the broader economy. ...
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  • Attorney Generals Across the Nation are now Investigating the "Foreclosure Mess"

    All Fifty States have now joined forces and have opened an investigation against mortgage servicers and banks conducting foreclosures Nationwide. Being led by Iowa's Attorney General, the group task force is investigating the foreclosure practices at these banks and will review thousands of documents looking for fraudulent statements and fake signatures. The task force's goal is to immediately ...
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  • The Biggest Fraud This Country Has Ever Seen? The Foreclosure Crisis Nightmare Gets Worse!

    There is no escaping this media headline. Nationwide, State Courts have been approving and ratifying tens of thousands of foreclosures sales based upon bogus affidavits and paperwork. These already completed foreclosure actions will inevitably have to be overturned and undone, forcing those lenders that are guilty of this fraud to begin the foreclosure process on the affected properties all over ...
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  • Senator Reid Calls Upon Big Banks to Halt Foreclosures Nationwide

    Senate Majority Leader Harry Reid (D-Nev.) has called upon all major mortgage lenders pleading with them to stop foreclosure proceedings in all 50 states Friday, after Bank of America announced it was stopping all foreclosure actions until it finishes an internal review of its foreclosure paperwork process. The announcement comes on the heels of GMAC/Ally's disclosure that many of its foreclosure ...
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  • The Foreclosure Crisis Fallout in Maryland

    The State of Maryland has just adopted a new proposed rule which would allow State Court Judges more power to dismiss foreclosure actions when a Judge suspects that the accompanying affidavit certifying the action was not actually signed by the attorney. As has been the case across the nation, in the situation that has given rise to this new rule, someone other than the foreclosing attorney signed ...
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  • Bankruptcy Case Law Developments

    United States Supreme Court United States Supreme Court to Determine the Proper Method of Calculating the Amount a Debtor Should Pay Towards Their Debt In 2005, the Bankruptcy Code was overhauled by Congress in what is known as the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"). BAPCPA brought with it many changes, aiming to make it more difficult for people to eliminate debt ...
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  • Milavetz, Gallop & Milavetz, P.A., ET AL. v. United States--- The High Court Speaks

    Debt Relief Agencies - Bankruptcy attorneys are included in the definition "debt relief agency" and are prohibited from advising clients to incur more debt when the "impelling reason" for the advice is to "load up" on debt then discharge it through the bankruptcy proceeding. Being debt relief agents, the imposition of the Code's advertising disclosure is reasonable related to the government's ...
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