White Paper
Addressing the most important topics of the day, the Legal League Special Interest Working Group provides you with the top-notch research in their white papers. Recent topics include updates on support for natural disasters, updates on the Homeowners Assistance Funds, and intel from changes to Reg F. To learn more about the authors you can click on their names linked below.
Not all foreclosure actions fit neatly into the two broad categories of judicial or non-judicial foreclosures. In particular circumstances, a non-uniform foreclosure process is required, more appropriate, or more efficient than a standard state law foreclosure.
Authored By:
Legal League’s SIWG gathered the resources available when natural disasters strike, and the impact these programs have within the mortgage default space.
Authored By:
- Jennifer Rogers, Esq., IDEA Law Group, LLC (Committee Chair)
- David Demers, Esq., Cooke Demers, LLC (Committee Vice Chair and Secretary)
- Ryan Bourgeois, Esq., Barrett, Daffin, Frappier, Treder & Weiss, LLP
- Brooke E. Sanchez, Esq., McPhail Sanchez, LLC, (Council Vice Chair)
- David Friedman, Esq., Van Ness Law Firm, PLC
- Michelle Garcia Gilbert, Esq., Gilbert Garcia Group, P.A.
- Stephen M. Hladik, Esq. , Hladik, Onorato & Federman, LLP (Council Chair)
- J. Anthony Van Ness, Esq., Van Ness Law Firm, PLC
In the aftermath of substantial industry changes resulting from COVID, this report closely examines the HAF program and its impact on both homeowners and mortgage servicer.
Authored By:
- Brooke E. Sanchez, Esq., McPhail Sanchez, LLC (Chairman)
- David Demers, Esq., Cooke Demers, LLC (Vice Chairman)
- Ryan Bourgeois, Esq., Barrett, Daffin, Frappier, Treder & Weiss, LLP
- David Friedman, Esq., Van Ness Law Firm, PLC
- Michelle Garcia Gilbert, Esq., Gilbert Garcia Group, P.A.
- Seth J. Greenhill, Esq., Padgett Law Group
- Stephen M. Hladik, Esq., Hladik, Onorato & Federman, LLP (Council Chair)
- J. Anthony Van Ness, Esq., Van Ness Law Firm, PLC (Council Vice Chair)
A review of the 2021 amendments to the federal debt collection rule (regulation F) and insight for the mortgage Servicing industry.
Authored By:
A state-by-state review of existing law and/or administrative mandates that can assist servicers and attorneys in determining whether a property is “abandoned.”
Authored By:
- Brooke E. Sanchez, Esq., McPhail Sanchez, LLC (Chairman)
- David Demers, Esq., Cooke Demers, LLC (Vice Chairman)
- Ryan Bourgeois, Esq., Barrett, Daffin, Frappier, Treder & Weiss, LLP
- David Friedman, Esq., Van Ness Law Firm, PLC
- Michelle Garcia Gilbert, Esq., Gilbert Garcia Group, P.A.
- Seth J. Greenhill, Esq., Padgett Law Group
- Stephen M. Hladik, Esq. Hladik, Onorato & Federman, LLP Member (Council Chair)
- J. Anthony Van Ness, Esq. Van Ness Law Firm, PLC Member (Council Vice Chair)
In advancement of this mission, this whitepaper from the LL100’s SIWG provides information about the “Valid-When-Made” Rule, an important doctrine governing maximum interest rates in lending and foreclosure in all states. This paper discusses the history of the doctrine, the origin of the 2020 rules promulgated by the OCC and FDIC, the Madden decision, as well as pending challenges to this Rule. As the challenges to this doctrine could impact lending, the secondary market and future foreclosures, the SIWG’s goal is that the following information will provide useful insights and assistance to the industry.
Authored By:
- David Friedman, Esq., Van Ness Law Firm, PLC
- Seth J. Greenhill, Esq., Padgett Law Group
- Stephen M. Hladik, Esq., Hladik, Onorato & Federman, LLP Member (Council Chair)