Perhaps the most anticipated ruling in the area of consumer lending in California has been Yvanova v. New Century Mortgage Co....
The IRS has updated procedures for sending Notices of Sale. The procedures went into effect back in April. Revised Publication 786, Instructions for Preparing a Notice of Nonjudicial Sale of Property and Application for Consent to Sale includes two forms and their instructions: Form 14497 (Notice of Nonjudicial Sale of...
By Michael Belote, Esq., UTA California Lobbyist, California Advocates The legislative process proceeds according to a rhythm all of its own. The year begins slowly, ceremonially, and with little concrete action. As the end of session looms, however, the pace increases exponentially, bills are “gutted and amended”, and proposals can...
By Holly Chisa Over the next few months, lawmakers, interested parties, and state agencies will meet to discuss the future of foreclosures in Washington, and of mediation. Why are we meeting now? As programs age, as the housing market changes, as new needs arise, improvements are needed. More importantly, the...
In a victory for Trustees, the California Court of Appeal has issued a favorable opinion in the case of Torigian v. WT Capital Lender Services.
Like so much in life, including nonjudicial foreclosures, the legislative process in California moves from a series of deadline to deadline. During the first part of the year, the end of February deadline is to have new bills introduced for the year.
As part of the on-going discussions around foreclosure law, issues around housing affordability are often raised.
The recent opinion of the Supreme Court case of Bank of America, N.A. v Caulkett (United States Supreme Court, Docket # 13-1421, decided June 1, 2015), denied claims by a debtor that a wholly unsecured second position lien could be avoided/stripped in a Chapter 7 proceeding.
A new law, signed by Nevada Governor Brian Sandoval, adds the following posting requirement after recording the TDUS: “Within 5 days after recording the trustee’s deed upon sale, the trustee or successful bidder, whoever recorded the trustee’s deed upon sale pursuant to subsection 10, shall cause a copy of the...
The Western District Court of Washington has reversed the Bankruptcy Court’s decision in Meyer v. U.S. Bank in its entirety. UTA had filed an amicus brief in the case. Ann Marshall, Esq., of Bishop, Marshall & Wiebel, filed the brief on behalf of the Association.