In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations;
Posts published by “Patrick J. Kane”
Patrick Kane is based in the San Diego office of Maurice Wutscher LLP where he practices in the firm’s Consumer Credit Litigation, Commercial Litigation, and Insurance Recovery and Advisory groups. Patrick has substantial experience representing depository institutions, mortgage investors, and loan servicers in litigation in both federal and state courts. Patrick’s practice focuses on litigation defense and compliance advice concerning the FDCPA, FCRA, TILA, RESPA as well as other federal and state consumer protection statutes. Patrick is also a state appointed hearing officer for the California Horse Racing Board where he conducts and oversees hearings, adjudicates decisions, and issues findings of fact and conclusions of law.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower's bankruptcy, and against a mortgagee whose interest in the foreclosed property would have been extinguished.
The U.S. Court of Appeals for the Sixth Circuit recently held that 11 U.S.C. § 1307(b) requires a bankruptcy court to dismiss a Chapter 13 bankruptcy petition upon a debtor’s request, even if the debtor filed his or her petition in bad faith.
9th Cir. Holds Servicer Did Not Need to Produce Servicing Contract to Assert Federal Foreclosure Bar
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order of summary judgment in favor of a loan servicer on claims arising from a non-judicial foreclosure sale conducted by a homeowners association on real property located in Las Vegas, Nevada.