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29 Jun 2017, 8:17 am by Amy Jonker
The Court of Special Appeals of Maryland, the intermediate appellate court in that state, recently held that a party who authorizes a foreclosure trustee to initiate a foreclosure action on a deed of trust must be licensed as a collection agency in the state before filing the foreclosure lawsuit, and that this licensing requirement applies […] Amy Jonker [read post]
9 Oct 2017, 7:11 am by Amy Jonker
The Appellate Court of Illinois, First District, recently held that where the beneficiary of a land trust filed a motion to intervene in a foreclosure, the trial court did not abuse its discretion in denying the motion to intervene because the beneficiary filed the motion after the trial court had entered the order confirming the Read more → Amy Jonker [read post]
29 Jun 2017, 8:17 am by Amy Jonker
The Court of Special Appeals of Maryland, the intermediate appellate court in that state, recently held that a party who authorizes a foreclosure trustee to initiate a foreclosure action on a deed of trust must be licensed as a collection agency in the state before filing the foreclosure lawsuit, and that this licensing requirement applies […] Amy Jonker [read post]
30 Mar 2017, 7:42 am by Amy Jonker
The Court also held that a finding of prejudice was not required under Maryland law to find waiver […] Amy Jonker [read post]
3 Aug 2017, 8:11 am by Amy Jonker
Blatt, Hasenmiller, Leibsker & Moore, LLC, 825 F.3d 788, 791 (7th Cir. 2016), holding this time that a debt collector that relied upon circuit precedent interpreting the federal Fair Debt Collection Practices Act (FDCPA) […] Amy Jonker [read post]
11 Sep 2017, 7:44 am by Amy Jonker
The Court of Appeals of Maryland, the state’s highest court, recently held that a real estate development company’s recording of a declaration for utility infrastructure expenses did not create a lien on the referenced real estate, and instead it should have followed the Maryland Contract Lien Act procedures to create a lien and establish its […] Amy Jonker [read post]
25 Apr 2017, 7:20 am by Amy Jonker
Small Business Administration in a Federal Debt Collection Procedures Act (FDCPA) lawsuit the SBA filed against a loan guarantor to satisfy a default judgment assigned to it after the guarantor disclaimed an inheritance to avoid […] Amy Jonker [read post]
11 Apr 2017, 7:52 am by Amy Jonker
The Appellate Court of Illinois, Second District, recently held that a mortgagee with a foreclosure judgment could not collect on the deficiency against rents from other properties owned by the mortgagor, because the mortgagee’s foreclosure judgment was not superior to the prior recorded mortgages for the other properties which contained assignment-of-rent clauses, and the other […] Amy Jonker [read post]
8 May 2017, 6:56 am by Amy Jonker
In so ruling, the Court also rejected the borrower’s allegations that the […] Amy Jonker [read post]