In New Jersey, condominium associations have been filing civil actions against foreclosing lenders of vacant units. In these actions, the associations are claiming that a lender becomes a mortgagee in possession once it secures and winterizes a vacant property, thereby...

February 8, 2017

Rochester, MI – Potestivo & Associates was proud to host our 6th Annual American Red Cross Blood drive! Our efforts generated 28 registrants, and our team gave 21 whole blood units of lifesaving products which will give 63 hospital patients a chance to once again enjoy...

February 8, 2017

Rochester, MI (January 30, 2017) - Potestivo & Associates, P.C. is pleased to announce the hiring of local attorney, Anthony J. DeClercq.   Anthony joined the team of 27 attorneys on Monday, January 30, 2017.  Based in the firm’s downtown Rochester, Michigan, office, h...

February 8, 2017

KANSAS CITY, MO (January 18, 2017) – Martin Leigh PC is pleased to announce the addition of Aaron Othmer as an Associate Attorney to the firm’s Kansas City office.  Aaron will be working closely with clients focusing on creditors’ rights, specifically Kansas default re...

February 8, 2017

In a January 2017 opinion, the U.S. Court of Appeals for the 8th Circuit addressed a residential home loan borrower’s attempt to use the Truth in Lending Act (TILA, 15 U.S.C. 1601) to defeat its home lender’s promissory note and securing mortgage.  The borrower also so...

February 8, 2017

It’s not just the Pistons returning to Detroit this year.  According to several news reports, business investment is also returning to Detroit, in spades.  In addition to the high profile announcements made by both Ford[1] and Fiat-Chrysler[2], the Michigan Economic De...

February 8, 2017

When it comes to foreclosures, Michigan is a hybrid state with respect to statutory remedies allowed to mortgagees following a mortgagor’s default on a mortgage. Foreclosure by advertisement and judicial foreclosure are both remedies available to mortgagees under Michi...

February 8, 2017

In 2013, the City of Chicago developed an ordinance concerning tenants in foreclosed rental properties.  Section 5-14-010 of the ordinance states that the purpose of the ordinance is to, ”protect and promote the health, safety and welfare of [the City’s] residents and...

February 8, 2017

In December 2016 the Missouri Court of Appeals, Western District considered a challenge to a lender’s deed of trust against real property.  That case is styled Lester v. Nationstar Mortgage, LLC, ___ S.W.3d ___ (Mo.App. W.D. 2016).  The basis of the challenge was the l...

February 8, 2017

Lawsuits against lenders and their attorneys under consumer protection laws such as the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Truth In Lending Act (TILA), and Real Estate Settlement Procedures Act (RESPA) have been on the rise....

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