News & Articles

RECENT WEST VIRGINIA SUPREME COURT OF APPEALS DECISION EXPANDS THE MEANS OF PERFECTION OF A LIEN ON A MANUFACTURED HOME

By: Christopher A. Dawson, Litigation Counsel Many real estate mortgage loans in West Virginia are secured by a manufactured home which can be considered either personal property or real property, depending on the circumstances. This dual character of manufactured homes can result in lien perfection disputes, particularly if the borrowers have filed for relief under … Read more

Proposed Legislation: The Consumer Bankruptcy Reform Act of 2020

By David C. Nalley, Partner A group of Senators and Congressmen lead by Elizabeth Warren, (D-MA) have introduced a bill to substantially overhaul the consumer Bankruptcy system. The proposal is for a major change to the current Chapter 7/13 system, merging the two under a new Chapter 10. One of the proffered goals of the … Read more

Loss Mitigation in Ohio Foreclosures

By Martha Spaner, Associate Attorney During the foreclosure peak in 2008-2011, Ohio courts implemented broad reaching foreclosure mediation programs geared to assist Ohio homeowners retain their homes or seek non-retention alternatives to foreclosure.               As time passed and volumes decreased, many counties disbanded their formal programs. Despite that, the Courts are still involved in facilitating … Read more

IMPORTANT BANKRUPTCY UPDATES FROM REISENFELD & ASSOCIATES

David C. Nalley, Partner – Managing Attorney for Bankruptcy Bankruptcy Court increases fees for certain filingsEffective December 1, 2020, the filing fee for Motions to Lift Stay is increasing from $181.00 to $188.00. The fees for Transfers of Claims and for Motions to Redact are increasing from $25 to $26 each. Most of other impacted … Read more

MULTIPLE INDIANA UPDATES

MULTIPLE INDIANA UPDATES Indiana Executive Order 20-33 Extends Eviction and Foreclosure Moratorium through July 31, 2020 The prohibition on filing eviction or foreclosure actions involving residential property was further extended by Governor’s Executive Order 20-33 on June 30, 2020.  The order provides that the moratorium is extend to July 31, 2020.  It further carves out … Read more

Statute of Limitations on Commencing New Foreclosures in Light of Covid-19 Moratoriums By: Amanda L. Krenson, Attorney

Since the Federal Housing Finance Agency (FHFA), the United States Department of Housing and Urban Development (HUD), the United States Veteran’s Administration (VA) and the United States Department of Agriculture – Rural Housing (USDA)  imposed moratoriums on foreclosures,  states have likewise followed suit and issued moratoriums on commencement of new foreclosure actions. For loans accelerated … Read more

COVID-19

COVID-19 UPDATE FROM REISENFELD & ASSOCIATES, LLC               As states are beginning to take the early steps to loosen COVID-19 based restrictions, we wanted to take this time to update you on the current status in Courts in Ohio, Indiana, Kentucky and West Virginia. Widespread limitations remain in place, not only due to CARES Act … Read more

COVID-19 UPDATE FOR OH, KY, IN and WV

URGENT COVID-19 UPDATE FOR OH, KY, IN and WV As this situation has continued to rapidly unfold, we have had several courts in all of our states issuing various orders canceling/postponing sales, continuing trials and other upcoming hearings and restricting public access to Courthouses. We are compiling all of this information on an ongoing basis. … Read more

Congratulations to Carrie Davis

     I am pleased to announce that Carrie Davis has been promoted to the position of Lead Attorney of Foreclosure, Carrie has been with Reisenfeld and Associates in an Associate attorney role for over 11 years. Carrie has been and continues to be a very valuable member of our team since joining the firm in … Read more

Tenants by Entireties

by: Adrienne M. Henning When taking title to real property in Indiana, the avenue with the most protection is when a husband and wife take title as tenants by the entireties.  The concept of tenants by the entireties originated in common law where a husband and wife were considered one person.  In Indiana, the concept … Read more

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