Legal League Quarterly

The Legal League Quarterly brings you articles on the legal changes and cases that affect your work in default servicing. Authored by Legal League members and edited by the Publications Committee, editions are published the last month of each quarter. To learn more about the authors you can click on their names linked below.

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The Legal League Quarterly / Q2 2024

Stephen Hladik

Letter From the Chair

Matthew Podmenik

The Old Maxim That There Can Only Be One Judgment Is as True Today as It Ever Was

Matthew Podmenik

Does Obduskey v. McCarthy & Holthus, LLP Protect A Firm From Liability Under The FDCPA For Sending A Debt Validation Letter?

Brian C. Linehan

Enforcing Choice of Law Provision Would Contravene Massachusetts Foreclosure Policy

Israel Saucedo

Texas Supreme Court Rules on Moore v. Wells Fargo, Lender Actions Impact Statute of Limitations for Foreclosure

Thomas Dyer

Addressing Lien Priority Between a Mortgage and a Homeowner’s Association’s “Super Lien”-The North Dakota Supreme Court’s Clarification in Gould

Jason Tatman

Understanding SB 1079 and Its Impact on Foreclosures in California

Jeffrey S. Fraser

Just When You Thought Your Sale Was Safe-An Analysis of In re Neiva and Avoiding Pre-Petition Foreclosure Sales Pursuant to 522(h) and 544

 Brian C. Linehan

U.S. District Court Rejects Mortgagor’s Attempt to Expand the Scope of the Predatory Home Loan Practices Act

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The Legal League Quarterly / Q1 2024
Thomas S. Van
California LPs and UDs: Managing Risks in Seeking to Evict a Former Borrower After Nonjudicial Foreclosure Where Borrower Has Filed a Lis Pendens
Robert D. Forster, II
Detillier v. Texas: U.S. Supreme Court Case That Could Alter Property Rights Nationwide
Kristin McDonald
Mission Hen v. Lee: Watch Out For Principle Residence Home Loans Maturing During The Chapter 13 Plan! The Ninth Circuit Bap Clarifies The Application Of The §1322(C)(2) Exception To The Anti-Modification Provision Of §1322(B)(2)”
Michael Chen
The Ancient Lien Statute in Nevada: Cohen v. Tan, to Un-do “Wholly Due.”
Cheryl D. Cook
To Object or Not to Object? When to Object to Confirmation of Chapter 13 Plans
Melissa Robbins Coutts
Campbell v. FPI Risky Business: Unfair Competition Law Claims May Arise From Improper Eviction Notices.
JaVonne Phillips Boyer
McKee v. Anderson:  Bankruptcy Debtors Might Improperly Claim Homestead Exemptions
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The Legal League Quarterly / Q4 2023
Stephen Hladik
Letter From the Chair
Matthew Hladik
Tyler v. Hennepin County, Minnesota: An Analysis of Potential Impact on the Mortgage Servicing Industry
Matthew Podmenik
In Arizona, May One Action Stay Enforcement of Another Action?
Matthew Podmenik
How Many Bites at the Apple Does a Plaintiff Get?
Bryan Thompson
Illinois Enacts the Consumer Contract Reciprocal Attorney’s Fees Act
Thomas L. Brackett
2023 Texas Legislature Updates
Melissa Robbins Coutts
Texas versus the CFPB
Kyle G. Horst
Foreclosure Filings: A ‘Concerning Picture’ of Future Trends?
Eric C. Peck
CFPB Fines Bank of America Over HMDA Violations
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The Legal League Quarterly / Q3 2023
Stephen Hladik
Letter From the Chair
Jane E. Bond
Legal League: Files as an Amicus Curiae in an Important Florida Case
Melissa Robbins Coutts
Strict Liability Strikes Again: CFPB Advisory Opinion Affirms FDCPA Liability for Collection Actions on Time-Barred Debts
Robert D. Forster, II
Rising Tides, Rising Premiums, Rising Defaults: Climate Change’s Toll on The Mortgage Industry
Jeffrey S. Fraser
Sime Federal Protections Are Stronger Than Others: Sovereign Immunity, Criminal Restitution, and the Automatic Stay
Michael Woods
Legal Updates – Illinois Amends Foreclosure Notice, Foreclosure File, and Notary Provisions
Jennifer Wong, Esq.
Oversight in Post-Foreclosure Sale Bid Process Under California Civil Code §2924m(c): Triggering Automatic Stay Violations?
Eric C. Peck
Despite Low Q2 Mortgage Delinquencies, Signs of ‘Consumer Credit Stress’ Remain
Eric C. Peck
Banking Regulators Seek Comment on Rules to Strengthen Capital Requirements
Eric C. Peck
CFPB Uncovers Unfair and Deceptive Practices Across Consumer Financial Products
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The Legal League Quarterly / Q2 2023
Stephen Hladik
Letter From the Chair
Holly R. Shilliday
Are “Zombie” Mortgages Real? Colorado Supreme Court Rejects Court of Appeals Holding that Statute of Limitations Starts Just Before Discharge in Chapter 7 Case
Jeffrey Fraser
The Ironclad Anti-Modification Provision (§ 1322(b)(2)) Prevails Over the Finality of a Confirmed Plan, Says the 11th Circuit – An Analysis of Bozeman
Marc Wagman
Demystifying the Illinois Mediation Process
Kyle G. Horst
Legal League Assembles With Servicers for Spring Summit
Eric C. Peck
Post-Forbearance Workout Performance Suffered in April
Robert D. Forster, II
Junk Beauty is in the Eye of the Beholder: An Overview of the CFPB’s Supervisory Highlights Junk Fees Special Edition
Eric C. Peck
One in 80 U.S. Homes Reported Vacant in Q2