News & Articles

New CFPB Mortgage Rules

By: April N. Pinder, Esq. In 2010, the Dodd-Frank Act amended provisions of RESPA (Real Estate Settlement Procedures Act, Regulation X) and TILA (Truth in Lending Act, Regulation Z). The Consumer Financial Protection Bureau (CFPB) issued rules to implement these amendments in 2013. These rules fall into two general categories: loan origination and mortgage servicing. The dates … Read more

A Lesson on Indiana Contract Drafting: Be Specific!

By: April N. Pinder, Esq. Does the exact contract language regarding payments really matter? According to a recent Indiana Court of Appeals decision, yes. In Singleton v. Fifth Third Bank, 2012 Ind. App. LEXIS 532 (Ind. Ct. App. 2012), the Indiana Court of Appeals was asked to review a payment provision in a forbearance agreement … Read more

Bankruptcy Updates

Bankruptcy Court revises Chapter 13 plan model form The Bankruptcy Court for the Southern District of Indiana as of August 15, 2013, requires use of a revised Chapter 13 plan model form, pursuant to Local Rule B-3015-1. The form is available on the court’s website and may be used immediately. New Change for Chapter 13 … Read more

Land-Sale Contracts in West Virginia

By Philip Q. Ratliff, Esq. Edited by Robert E. Altman, III, Esq. In West Virginia, a lender will generally not be able to summarily evict a land contract vendee by resorting to an eviction in Magistrate Court (the Court that typically handles evictions). West Virginia Code section 38-1-1 allows a land contract to be enforced … Read more

Indiana and National Foreclosure Settlement Roundtable, September 20, 2013

By April N. Pinder, Esq. During the week of September 20, 2013, National Foreclosure Settlement Agreement Monitor Joseph A. Smith, Jr. visited the state of Indiana.  During this visit, Monitor Smith and Indiana Attorney General Gregg Zoeller held a round-table discussion regarding their past and current efforts in resolving the national foreclosure crisis. Attorney General … Read more

Mortgage Holder Beware: Notice of Indiana Tax Sales

By April N. Pinder, Esq. In a much anticipated ruling, the Indiana Supreme Court once again upheld the constitutionality of Indiana’s pre-tax sale notice statutory procedures in M&M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank (Ind. 2013).  In Indiana, real estate may be sold for failure to pay real property taxes. Such … Read more

Ohio Supreme Court issues ruling on reach of Ohio Consumer Sales Practices Act

The Court held in Anderson v. Barclay’s Capital Real Estate, Inc. dba HomEq Servicing (2013-OHIO-1933), that the servicing of a borrower’s residential mortgage loan is not a “consumer transaction” as defined in the Ohio Consumer Sales Practices Act, R.C. 1345.01(A). The Court held that an entity that services a residential mortgage loan is not a … Read more

The Continuing Battle on Standing and Schwartzwald

By Robert E. Altman, III, Esq. With contributions from Carrie L. Rouse, Esq. While standing has and will always be a critical issue for any litigation, standing became a central area for litigation and dispute in Ohio beginning around late 2007 when counterclaims asserting lack of standing began arising with more frequency asserting essentially that … Read more

2013 Indiana Legal Updates

Indiana Legislation, 2013 As a leading creditors’ rights firm practicing in the states of Indiana, Ohio, Kentucky and West Virginia, we believe it is imperative and dutiful to provide information regarding any statutory, regulatory and Court process changes, or possible changes, that may have implications to you and our firm. Following you will find some … Read more

Reisenfeld & Associates Welcomes New Attorney Robert Altman

Robert Altman has recently joined Reisenfeld & Associates as our newest Indiana default attorney.  Robert received his BS from Miami University in Ohio and attended Law School at Chase.  He clerked with Lerner Sampson & Rothfuss.  After graduating law school, he spent almost two years with Weltman Weinberg & Reis.  He is licensed to practice … Read more

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