Tag Archives: debt collection

Community Associations

On the Commons with Shu Bartholomew

On the Commons is an audio program exploring community association news and developments from property owners’ perspectives. This hour-long radio show airs every Saturday afternoon on Radio Fairfax. As a listener, I like how host Shu Bartholomew draws out of her guests what her listeners might find interesting while also thoughtfully sharing her own opinions. Shu […]

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Foreclosures Fraud & Misrepresentation

Legal Thriller Published in Foreclosure Notices to Borrowers?

  On December 4, 2014, I wrote a blog post about a borrower who brought a lawsuit against her lender after the Richmond law firm that conducted the foreclosure went out of business. The federal judge denied the bank’s motion to dismiss the borrower’s claims based on a faulty loan default notice. In that post, […]

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Community Associations

Sweet Home Chicago: Are Association Property Managers Debt Collectors?

A few days ago, Virginia state senator Chap Peterson introduced new Homeowner Bill of Rights legislation in the 2015 General Assembly. The proposal sets out certain rights of property owners in HOA and condominium communities. For example, SB1008 recites a owner’s right to due process in the association’s rule violation decision-making. I anticipate political debate […]

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Foreclosures

Federal Regulation of Nonjudicial Residential Foreclosure

Foreclosure of residential real estate is traditionally based on state law and agreements between the borrower and lender in the loan documents themselves. Each state has its own rules governing whether foreclosure should occur in or out of a court proceeding. In Virginia, the vast majority of foreclosures occur in bank-appointed trustee’s sales. State and […]

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Foreclosures

Litigation over Property After the Foreclosure Law Firm Goes Out of Business

On January 31, 2012, F&M Services, L.C., conducted a foreclosure sale in Hampton, Virginia. F&M was the foreclosure trustee affiliate of the Richmond law firm Friedman & MacFadyen. Freedom Mortgage Corporation appointed F&M as successor trustee for the foreclosure of Hampton property owned by Ms. Gloria J. Harris. At the sale, Freedom Mortgage purchased the […]

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