On September 13, a California appellate court in Morgan v. AT&T Wireless Services, Inc., 2013 WL 5034436 (Cal. Ct. App. Sept. 13, 2013)issued an important opinion about the right to bring a class action in court where the defendant has waived the right to enforce an arbitration clause against the named plaintiffs.  The court concluded that […]

  IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FRANK J. ALLEN, JR., et al. v. CitiMortgage   MEMORANDUM Frank and Anne-Christine Allen have sued CitiMortgage, Inc. (“CitiMortgage”) for claims arising out of the denial of the plaintiffs’ request for a permanent modification of their mortgage loan. The plaintiffs’ claims include breach […]

    HB 88/SB 199 – Real Property – Refinance Mortgage – Priority Over Junior Liens Authorizes homeowners to refinance a first mortgage without obtaining permission from the lender that funded a home equity loan or second mortgage.  The bill applies to current mortgages as long as the refinancing occurs after the effective date.   […]

DATE:           July 22, 2013 TO:              All Maryland Real Estate Licensees FROM:        Steven Long, Assistant Executive Director SUBJECT:     Guidelines For Licensees in Short-Sale Transactions Dear Licensee: As short sales have become more prevalent, questions have arisen as to which parties may provide assistance in executing short sales and how those parties may be compensated. During the 2013 […]

FCRA–Furnisher must investigate errors Reiger v. American Express (Northern Dist. CA Case # 11-4202 MEJ)


Lenders seek court actions against homeowners years after foreclosure ·                                  WRITTEN BYKimbriell Kelly PUBLISHED: JUNE 15 E-mail the writer For Jose Santos Benavides, the ordeal of losing his home was over. The Salvadoran immigrant had worked for years as a self-employed landscaper to make a $15,000 down payment on a four-bedroom house in Rockville. He had achieved […]

National Mortgage Settlement: One Year Later


As end users of Florida’s court system, trusts and estates lawyers know all too well the negative consequences of an underfunded judiciary. What may not be as clearly apparent is that our clients do have the power to largely “opt out” of the public court system. How? Think alternative dispute resolution or ADR. In Florida there are no jury […]