June - 2017

Missouri Court of Appeals Rules for Lender in Wrongful Foreclosure Lawsuit

Missouri Court of Appeals Rules for Lender in Wrongful Foreclosure Lawsuit

Martin Leigh PC has been monitoring a wrongful commercial foreclosure lawsuit that resulted in a judgment of nearly $900,000 against a Kansas City area lender. That case is Grisham v. Mission Bank, Circuit Court of Platte County, Missouri, Case No. 13AE-CV02207, Missouri Western District Court of Appeals No. WD79964. The Missouri Court of Appeals handed down its opinion on May 13, 2017. The borrower in Grisham defaulted on a $3.0 commercial debt—the fact that the borrower w

Rules Against Dual Tracking

Rules Against Dual Tracking

The Consumer Financial Protection Bureau (CFPB) provides rules and guidelines to ensure that homeowners and struggling borrowers are treated fairly by mortgage servicers. The CFPB rules are also in place to ensure no one is wrongly foreclosed upon. One of the ways the CFPB protects homeowners and struggling borrowers from being wrongly foreclosed on is by restricting mortgage servicers from dual tracking. Dual tracking is when a mortgage servicer continues to foreclose on a h

The Traverse Hearing in Kings County

The Traverse Hearing in Kings County

A Traverse Hearing is a pre-trial hearing ordered when a defendant has attacked the propriety of the service of process in a civil action. Typically, a defendant will raise the issue of improper service in an omnibus motion to dismiss plaintiff’s action, which will likely include attacks on many other aspects of plaintiff’s claim (ie. Standing, etc.). As the issue of proper service raises the question of whether the court has personal jurisdiction over a defendant, judges wil

Longstanding Texas Tradition Ends: No more Texas Tuesday foreclosure sales on Jan 1 or July 4

Longstanding Texas Tradition Ends: No more Texas Tuesday foreclosure sales on Jan 1 or July 4

Historically, non-judicial foreclosure sales of contractual liens, constable’s sales pursuant to a judgment writ of execution and real property tax sales (sometimes collectively “foreclosure sales”) have taken place on the between 10:00 a.m. and 4:00 p.m. on the first Tuesday of the calendar month, even when the first Tuesday falls on New Year’s Day or Independence Day.* A deluge of concerns voiced by “interested parties” that attendance at non-judicial foreclosure sales and

Leading Law Firm in the Real Estate Finance and Credit Industry Announces Two Partner Promotions

Leading Law Firm in the Real Estate Finance and Credit Industry Announces Two Partner Promotions

Kim joined Potestivo & Associates, P.C. in September 2009 as a law clerk, in the firm’s Chicago office and quickly moved up the ranks to Assistant Vice President – Managing Attorney. Kim has represented a variety of departments since passing the Illinois Bar. Prior to her promotion, she worked in the firm’s Litigation and REO Departments as an Associate Attorney, and most recently as Supervising Attorney of the Foreclosure Department. Caleb joined the attorney team in June 20

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