News & Articles

By J. Brian Steele, Esq.   Among the reviews conducted by our firm prior to filing a foreclosure complaint is a review of your title to the mortgage and the perfection of your security interest against a borrower and third parties. It’s not unusual to find issues—whether it be unreleased prior mortgages, issues with the … Read more

Kentucky Case Alert: Is your Borrower’s Insurance Policy void when you foreclose? By: David C. Nalley, Partner   A recent decision from the Kentucky Court of Appeals should alert lenders to review their customer’s insurance policies.  A provision voiding the policy if foreclosure was initiated was upheld by the court in Papastefanou v. Ky. Growers … Read more

Reisenfeld & Associates Team Members Support our Communities By David Nalley, Partner This summer, Team Reisenfeld has continued its tradition of giving back to the community in a number of ways. Members of our Huntington, WV and Ashland, KY offices joined forces in supporting Habitat for Humanity of Huntington, WV.  Attorneys Jim Tomasik, Geoff Varney … Read more

Reisenfeld Announcement

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

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

By David Yunghans, Esq. The Federal Bankruptcy Rules Committee is currently in the process of drafting a model national plan and proposed rules amendments. Before you begin to panic and think, “Not another change to the Federal Bankruptcy Rules and Procedure!”, these changes have not yet occurred and if adopted will not go into effect until … Read more

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

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

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

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

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