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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, 15 April, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Misapplication of Payments by Mortgage Servicer

Summary:

By Ed Boltz, 20 March, 2021

Law Review: Odinet, Christopher K., Modernizing Mortgage Law (March 15, 2021). North Carolina Law Review, Forthcoming

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

By Ed Boltz, 13 August, 2014

Bankr. W.D.N.C.: In re Owens- Rule 3002.1 Applies to Mortgage Fees even if Collection is Not Currently Attempted

Summary: PHH Mortgage assessed $472.25 in post-petition fees against the Debtor’s loan, but did not file and serve a notice pursuant to Rule 3002.1(c) of these fees within 180 days, asserting that these fees were not presently recoverable against the Debtor or their residence and will not be collectible unless the Debtors’ Chapter 13 case was dismissed or converted. PHH asserted that it was required by N.C.G.S.
By Ed Boltz, 7 February, 2013

Bankr. S.D.N.Y.: In re Idicula- Standing to Seek Relief from the Automatic Stay

Summary: The Debtors filed Chapter 7 and indicated on their Statement of Intentions they intended to retain the real property, with an estimated value of $430,000. U.S. Bank sought relief from the automatic stay, asserting that the Debtors owed $639,365.25 in total, with a delinquency of $145,703.92. Sua sponte, the bankruptcy court held that U.S. Bank (and/or its servicer, Select Portfolio Services) had failed to establish that it owns or has the right to enforce the promissory note secured by the Property.
By Ed Boltz, 6 February, 2013

Law Review: Agarwal, et al.- Second Liens and the Holdup Problem in First Mortgage Renegotiation

Abstract: Loss mitigation actions (e.g., liquidation, renegotiation) of delinquent mortgages might be hampered by conflicting goals of lenders at different seniority. In particular, a servicer has less incentive to take certain actions to reduce losses of investor-owned first lien mortgages if the servicer happens to own the second lien claim secured by the same property. Rather, the servicer has an incentive to hold up loss mitigation as it seeks to preserve the values of its own, junior, claim.
By Ed Boltz, 17 April, 2012

4th Circuit: Doral Bank v. Federal Home Loan Mortgage Corporation- Enforceability of Liquidated Damages Provisions

Summary: Doral agreed in an Interim Servicing Agreement ("ISA") to take over servicing of Federal Home Loan Mortgage Corporation ("Freddie Mac") mortgages previously serviced by R&G Mortgage Corp.  (R&G).  R&G, however, successfully block this assignment.  Even though it never actually serviced these mortgages and incurred actual costs of only $124,588.00,  Doral then sought 24-months of servicing fees as compensation, as required under the ISA.  Freddie Mac argued that Doral was not entitled to such fees, as Freddie Mac had never determin
mortgage servicer

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