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By Ed Boltz, 23 January, 2022

Bankr. M.D.N.C.: Swink v. Fannie Mae- Actual Damages Sufficient for §524(i), RESPA and FDCPA Claims

Summary:

By Ed Boltz, 1 July, 2021

Consumer Bankruptcy Journal: Preparing for the Post-COVID Resurgence of Home Mortgage Modifications

BY IGOR ROITBURG, MANAGING DIRECTOR & ED BOLTZ, PARTNER, LAW OFFICES OF JOHN T. ORCUTT

Click here for the article:

Preparing for the Post-COVID Resurgence of Home Mortgage Modifications

By Ed Boltz, 21 May, 2021

Law Review: Cespedes, Jacelly and Parra, Carlos and Sialm, Clemens, The Effect of Principal Reduction on Household Distress: Evidence from Mortgage Cramdown

Abstract:

Mortgage cramdown has been proposed as a mechanism to avoid mortgage foreclosures in times of crisis. In this restructuring, the underwater portion of the mortgage is treated as unsecured debt and can be discharged during Chapter 13 bankruptcy. To quantify the ex-post effects of bankruptcy discharge in cramdown courts, we use a new dataset of district courts that allowed mortgage cramdown over the period from 1989 to 1993.

By Ed Boltz, 20 May, 2021

N.C. S.Ct.: In re George- Insufficient Service for Non-Judicial Foreclosure

Summary:

Calmore & Hygiena George, residents of St. Croix in the U.S. Virgin Islands, purchased a townhome in Charlotte for their four daughters, all of whom were attending college there. There were no mortgages or liens against the property. Ms. George would typically visit for a month during the summer and both during Christmas.

By Ed Boltz, 31 March, 2021

Law Review: Foohey, Pamela and Lawless, Robert M. and Thorne, Deborah, Portraits of Consumer Bankruptcy Filers in the United States (March 18, 2021). Georgia Law Review, Vol. 56, Forthcoming.

Abstract:

By Ed Boltz, 6 March, 2021

CFPB Report: Housing insecurity and the COVID-19 pandemic

Executive Summary:

By Ed Boltz, 16 February, 2021

N.C. Ct. of App: Wilmington Savings Fund Society v. Hall- Indorsement of Mortgage Notes and Ratification of Transfers by Loan Modification

Summary:

By Ed Boltz, 6 August, 2019

N.C. Ct. of Appeals: Everbank v. Hunoval Law Firm- Disqualification of Attorney as Necessary Witness

Summary:

The Hunoval Law Firm and its married partners, Mathias Hunoval and Christina Hunoval, were sued by Everbank for failure to make payments on its lease, with Christina Hunoval representing the Law Firm, as well as herself and her husband. Everbank sought to disqualify Ms. Hunoval as acting as counsel under Rule 3.7 of the North Carolina Rules of Professional Conduct because she was a necessary witness. The exceptions to Rule 3.7 allow attorney representation if:

By Ed Boltz, 26 December, 2018

Law Review: Zacks, Eric and Zacks, Dustin- No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses 18 Wake Forest Journal of Business and Intellectual Property Law 389 (2018)

Abstract:  

By Ed Boltz, 26 December, 2018

Odinet, Christopher K.: Banks, Break-Ins, and Bad Actors in Mortgage Foreclosure University of Cincinnati Law Review, Vol. 83, No. 4, 2015

Abstract

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