South Carolina Court of Appeals Protects Junior Lienholder Winning Bidder At Foreclosure Sale In an unanimous decision, the South Carolina Court of Appeals protected a lender that held a second mortgage lien position when that lender purchased the secured property at a foreclosure sale and the lender’s bid created surplus funds. See Wells Fargo Bank, N.A. […]
The Rules of Civil Procedure Do Not Apply to Non-Judicial Foreclosure Author: Aaron Seagroves, Esq. The rules governing non-judicial foreclosures in North Carolina have undergone drastic changes in wake of the recently published opinion, In re Foreclosure of Lucks, released by the North Carolina Supreme Court. Accordingly, the North Carolina Supreme Court has announced that […]
Property management companies and the unauthorized practice of law Author: Chad Dial The Supreme Court of South Carolina has recently clarified what actions constitute the unauthorized practice of law in the context of property and homeowner’s association (HOA) management. In this case, the Supreme Court determined that a management company engaged in the unauthorized practice […]
SCRA renewal and update President Obama recently signed into law the renewal of the “Foreclosure Relief and Extension for Service Members Act of 2015.” The renewal of the law allows a court to stay – for one year after a service member’s military service – any proceeding that enforces an obligation on real or personal […]
Easements Shown On Plats In a recent case concerning an easements shown on plats the South Carolina Court of Appeals held that while a reference in a deed to a plat which depicts an easement creates a presumption that the grantor intended to convey the easement, this presumption can be over turned by a showing […]
Wells Fargo Chapter 13 violations Washington, D.C. – The Department of Justice (DOJ) entered into a class action settlement with Wells Fargo Bank, N.A. (Wells Fargo) on November 5, 2015 ending a case whereby the defendant, Wells Fargo, was accused of failing to notify homeowners with legally mandated disclosures relating to the increase in their […]
CFPB Bulletin: RESPA Compliance and Marketing Service Agreements On October 8, the Consumer Financial Protection Bureau (the CFPB) published a bulletin discussing whether Marketing Services Agreements (MSAs) violate the Real Estate Settlement Procedures Act (RESPA) by providing a vehicle for unlawful kickbacks. RESPA prohibits mortgage originators and settlement service providers from giving or receiving “any […]
Hot fuel settlement Since 2006, the specter of so-called “Hot Fuel” general-litigation has burned hot and cold, seemingly looming and diminishing while the case progressed. Two cases have been remanded from the federal multi-state general-litigation to state courts in Kansas and California only to be defeated. Most recently, in an August 21, the Federal District […]
Does an Email Constitute Notice? In a recent foreclosure action out of Spartanburg County the trial court issued an order denying the Defendant’s motion. A member of the judge’s chambers attached the filed order in an email and sent it to all case parties on December 15, 2014. The same day the court mailed a […]
In an action for ongoing trespass, does a landowner need to be in possession of subject property at the time of the original trespass? Graham v. Deutsche Bank Nat’l Trust Co. Plaintiff Graham and Deutsche Bank owned adjoining lots, and discovered by survey that portions of Deutsche Bank’s lot’s house and sewage system partially encroached […]
