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In response to Hurricane Ian, PLG has closed its Tampa, Florida office effective Wednesday, September 28 until further notice for the safety of our employees. At this time, the firm’s Florida operations remain unimpacted and general business continues uninterrupted via our office in Tallahassee and remote work authorization for potentially impacted employees. PLG's servers are protected, operational, and data redundant per our Business Continuity Plan. At this time, the firm anticipates remaining fully operational and available for client interfacing with little to no impact on day-to-day operations. PLG is also monitoring court closures in response to the hurricane and will update clients as needed regarding rescheduled hearings, trials, sales, and other delays related to the impact of Hurricane Ian. Click here to see a list of current closures provided by our vendor Provest. Everyone impacted and those in the path of Hurricane Ian are in our thoughts and prayers. Padgett Wins in Federal Court, Obtains Sanctions Against Pro Se Litigant in Bankruptcy Case8/15/2022
Padgett Law Group (“PLG”) through its attorney, Seth J. Greenhill, Esq., successfully obtained a rare win for creditors in Federal Court by obtaining sanctions against a pro se litigant who filed a frivolous appeal. This aggressive advocacy on behalf of PLG’s client was necessary to put an end to this vexatious litigation and contributes to building case law that will assist other creditors’ rights attorneys in defense of their clients. “The key takeaway is that it is critical to establish the record in the original litigation. This provides notice to the pro se appellant,” said Mr. Greenhill. He continued, “This is a requirement in order to have sanctions imposed. In addition, it is vital to review the appellant brief in order to determine if the issues have already been disposed of.” The Ohio Legislature is currently considering Senate Bill 334, titled (in short) “Grant certain bidders rights – foreclosed residential property,” which seeks to amend section 2329.27 and to enact sections 2329.261 and 2329.313 of the Revised Code to grant tenants and certain other eligible bidders rights relating to the purchase of residential property sold through the process of foreclosure. The Bill applies to foreclosure sales of one to four family residential properties, and requires the selling officer, whether sheriff or private selling officer, to include in its sale advertisement, the following notice: "NOTICE TO TENANTS AND OTHER ELIGIBLE BIDDERS: You may have a right to purchase this property after the sale pursuant to R.C. 2329.313. If you are an "eligible-tenant buyer," you can purchase the property if you match the successful bid placed at the sale. If you are an "eligible bidder," you may be able to purchase the property if you exceed the successful bid placed at the sale. There are three steps to exercising this right of purchase. First, two calendar days after the date of the sale, you can call [telephone number for information regarding the sale], or visit this web site [web site address for information regarding the sale], using the file number assigned to this case [case file number] to find the date on which the sale was held, the amount of the successful bid, and the address of the person who conducted the sale. Second, you must send a written notice of intent to place a bid so that the person who conducted the sale receives it not more than fifteen days after the date of the sale. Third, you must submit a bid so that the person who conducted the sale receives it not more than forty-five days after the date of the sale. If you think you may qualify as an "eligible tenant-buyer" or "eligible bidder," you should consider contacting an attorney or appropriate real estate professional immediately for advice regarding this potential right to purchase.” In an opinion affirming in part and reversing in part, Florida's Second District Court of Appeal found that a Trial Judge’s Order went too far when it forbade the borrower in a foreclosure case, who had surrendered the real property at issue in an earlier bankruptcy, to contest the foreclosure “in any manner” due to that bankruptcy surrender. In reversing in part, the Court of Appeal held that there are circumstances where a borrower may be allowed to challenge some aspects of a foreclosure case; for example, in the amounts due and owing, or other limited circumstances that may have arisen post-bankruptcy. Importantly, however, in affirming, the Second District Court of Appeal also ruled that surrender in a bankruptcy case means that in a subsequent foreclosure case a borrower is not entitled to challenge the lender’s own entitlement to foreclose. “Because the debtor’s interest has been surrendered, the debtor is no longer entitled to challenge the entitlement to foreclose the debtor’s former legal interest.” Note that this opinion is not final yet. On March 31, 2022, the Indiana Court of Appeals issued its second decision relating to the collection of mortgage interest during the pandemic. At the beginning of the initial surge of COVID-19, the Indiana Supreme Court had granted Marion County Courts’ request to toll the time in which a litigant must meet deadlines and comply with rules of procedure. The emergency order granted relief beginning March 16, 2020, and stated that “no interest shall be due or charged during the tolled period”. By further orders, this tolling period was extended through August 14, 2020. Based upon those emergency orders, a trial court issued a judgment and decree of foreclosure that excluded interest due under the terms of the note and mortgage for the period of March 16, 2020, through August 14, 2020. In PNC Bank v. Page, the mortgage lender asked the Court to overrule the trial court’s decision to remove that portion of interest, arguing that the emergency order’s tolling of interest could not apply to foreclosure cases. The lender pointed to Governor Holcomb’s Executive Order 20-06, which temporarily suspended the prosecution of foreclosure and eviction actions in Indiana, and explicitly stated that the suspension does not relieve a borrower’s obligations under a mortgage. Previously, the Indiana Court of Appeals had found that post-judgment interest could not be tolled by Indiana courts because it is awarded to the judgment holder by statute and falls under the legislative powers of the state. Denman v. St. Vincent Med. Grp., Inc., Ind. Ct. App. 2021. By the same reasoning, the Court agreed with the lender and held that the tolling period does not apply to pre-judgment interest in a mortgage foreclosure. Impact on Servicers and Lenders in Indiana This pair of rulings is great news for mortgage lenders in Indiana. The somewhat contradictory orders issued by Indiana’s legislative and judicial branches have led to inconsistent rulings in mortgage foreclosures over the past 18 months. Now that the apparent contradiction has been resolved, lenders can rest easy that their standard interest calculations are enforceable in Indiana. Questions? This post was prepared by Caryn Beougher, Esq, an attorney in PLG's Indianapolis, Indiana office. Contact us here. FOR IMMEDIATE RELEASE [Tuesday, March 22, 2022 | Atlanta, GA] Padgett Law Group (PLG) today announced the firm has received its no-objection status from Fannie Mae and Freddie Mac, clearing the final administrative task in entering the firm’s newest state of full-service creditors’ rights operations, Pennsylvania. The build-out of PLG’s Pennsylvania operations has been led by Jacqueline F. McNally, Esq., Managing Attorney of Judicial Foreclosure. Ms. McNally joined PLG in July of 2021 and shortly thereafter was promoted to her current firm-wide leadership role. Ms. McNally has a long-standing reputation and legal career in the market. She previously managed the Pennsylvania and New Jersey operations of Schiller, Knapp, Lefkowitz & Hertzel, LLP; prior to that, she served as Chief Compliance Officer for Stern & Eisenberg, P.C., where she oversaw compliance matters across a 13-state footprint with over forty attorneys under her purview. Ms. McNally has over a decade of experience in creditors’ rights and is licensed to practice law in Pennsylvania, New Jersey, New York, Georgia, and the District of Columbia. “In addition to Jackie’s firm-wide role leading our multi-state foreclosure practice, we are thrilled to have added a state where she has years of experience, connections, and a deep understanding of the issues. Jackie brings the depth of legal knowledge and breadth of management experience that clients associate with PLG,” said Chief Development Officer Robyn Padgett. Other recent notable hires by PLG include the addition of Paul Huntington, Esq., Lead Attorney - Pennsylvania; Heather Griffiths, Esq., Supervising Attorney – Florida; Hadi Seyed-Ali, Esq., Senior Counsel – Legal and Advisory Oversight; Michael J. Burns, Managing Attorney –Non Judicial Foreclosure; along with the creation of nearly 50 other legal, supervisory, processing, and administrative roles across the firm's growing footprint and multi-state practices. Questions about this release? Contact us at marketing@padgettlawgroup.com for connection to Ms. McNally or to onboard PLG for Pennsylvania service. |
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The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog. This Blog is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. |
Padgett Law Group and Padgett Law Group EP are D/B/As of Timothy D. Padgett, P.A. Timothy D. Padgett, P.A.'s practice areas include creditors' rights, estate planning and probate, real estate transactions and litigation. Not all practices or services are available in all states in which Timothy D. Padgett, P.A. practices.
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