News & Articles

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

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

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

We received a ruling from Judge Wise in Eastern KY Bankruptcy Court (after quite a long wait) on the application of Rule 3002.1 and Notices of Payment Changes, and whether they must still be filed if we obtain post-confirmation relief from stay. The Court rejected the position espoused by both our firm and the Chapter … Read more

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