Counsel’s Corner: Facing Challenges in Financial Services

first_imgHome / Daily Dose / Counsel’s Corner: Facing Challenges in Financial Services The Best Markets For Residential Property Investors 2 days ago October 26, 2017 1,111 Views Data Provider Black Knight to Acquire Top of Mind 2 days ago HOUSING mortgage 2017-10-26 Nicole Casperson Counsel’s Corner: Facing Challenges in Financial Services Share Save Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Nicole Casperson is the Associate Editor of DS News and MReport. She graduated from Texas Tech University where she received her M.A. in Mass Communications and her B.A. in Journalism. Casperson previously worked as a graduate teaching instructor at Texas Tech’s College of Media and Communications. Her thesis will be published by the International Communication Association this fall. To contact Casperson, e-mail: [email protected] Editor’s note: This article first appeared in the October issue of DS News, out now. Kerry Franich is a certified specialist in appellate law who works in Severson & Werson’s Orange County office where he prosecutes and defends State and Federal Appeals covering subjects including financial services, real estate, arbitration, unfair competition, discrimination, judicial disqualification, and civil procedure. DS News spoke with Franich about the greatest challenges financial services’ attorneys are facing today and how his years of experience help him navigate today’s climate.What current challenges are appellate attorneys who work in default litigation facing?Procedurally, court congestion has worsened in many jurisdictions, which causes a lot of appeals to progress at a seemingly glacial pace. That’s frustrating for both us and our clients, particularly when a sale is being delayed because of an appeal.  Similarly, cases filed in trial courts these days often survive longer than cases filed several years ago because today’s cases are usually less vulnerable to pleadings challenges. More frequently, eliminating them requires a motion for summary judgment or trial.  So, one challenge is ensuring that our clients don’t get trapped in a holding pattern just because of a pending appeal or lawsuit. We find that stagnant cases often lead to other problems: property preservation issues, needless escrow advances, and ballooning loan balances, all of which reduce the probability of the borrower curing the default or qualifying for a modification. There are substantive challenges too. Regulatory compliance is rightly a top concern for most of our clients right now, but there are also basic macro-level changes occurring in the law right now that are equally important.  For example, in some jurisdictions, our basic understanding of loan servicers’ roles and obligations is changing. Do they owe borrowers a duty of care when reviewing loan modification applications? Courts are dividing over that question, so the answer may depend on the jurisdiction in which you’re litigating.  Likewise, litigation involving the various state homeowner bills of rights that were enacted years ago are now reaching appellate courts. So, we’re starting to receive guidance from those courts about what certain sections of those bills mean and require.  In short, the challenge is keeping up with rapid changes in law, anticipating the direction the law is headed, and writing briefs that help shape the law’s direction.   What strategies can servicers employ to avoid costs and delays? It obviously depends on the case, but generally speaking, there are a few strategies that servicers can consider. The common theme running throughout them all, however, is to be proactive rather than reactive: foreclose, sell, and evict.   Absent confirmed wrongdoing or a genuine threat of exposure to liability, foreclosing, selling properties out of REO, and evicting as quickly as possible tends to mitigate costs and reduce the probability of sequel lawsuits. In some cases, proceeding with a foreclosure, sale, or eviction can also prompt new settlement negotiations or voluntary dismissals. However, depending on your jurisdiction and the facts in your case, this strategy may be unavailable (for example, there’s a stay forbidding a sale).  In addition, servicers should stop successive modification reviews if possible. Anyone on the front lines of foreclosure-related litigation has no doubt encountered the homeowner who applies for a loan modification after filing a lawsuit, is denied, and then re-applies again a few days, weeks, or months later. This area is fertile ground for wasting both time and attorney fees.Successive reviews can also be dangerous. For example, when a borrower files a meritless lawsuit after repeatedly getting denied a loan modification, but the servicer thereafter commits an egregious mistake while re-reviewing him or her (such as inadvertently foreclosing during the review). Servicers need to be careful to avoid creating liability where there was originally none.  Depending on the jurisdiction and the circumstances of the case, a servicer may be required to re-evaluate the homeowner for a loan modification. However, if no obligation exists, servicers that value efficiency will choose to decline starting another review when it has no chance of success and creates no advantage in defending the litigation.  In what ways do you help the servicers you work with streamline the appeals process? We search for ways to terminate the appeal short of a decision on the merits. In cases pending in backlogged appellate courts, search for opportunities to ditch the appeal earlier by motion. Appellate courts tend to issue decisions on motions a lot faster than full-blown decisions on the appeals’ merits. Sometimes, this is as easy as identifying a jurisdictional defect, like an untimely appeal. But there are other more subtle attack strategies too. Has a pivotal issue in the appeal become moot? Is there a way to have a party designated as a vexatious litigant?  Is there an order you obtained in the trial court you can enforce while the case is on appeal? If so, that might be a source of unexpected leverage—most appellate courts have the inherent power to dismiss an appeal where a party fails to comply with a trial court order (the disentitlement doctrine). In short, don’t assume you’ll need to wait two years for an appellate court to file a decision on the merits. There may be a way to kill the case earlier.  How can attorneys partner with servicers to predict and plan for litigation expenses?  Forming an estimated budget at the suit’s inception is typically helpful for both us and our clients. And if something in the case occurs that dramatically impacts the budget’s estimate, then obviously updating the budget is important.  Flat fee billing structures are helpful for those clients that want greater accuracy in forecasting legal expenses.  Another area that is sometimes overlooked is scrutinizing whether any offensive litigation can be filed that might offset the cost of defense. Default servicing litigation has traditionally been strictly defensive in nature. But an unsettling number of lawsuits against servicers sometimes reveal fraud and other misconduct committed by borrowers or other third parties.  Yes, pursuing a cross-complaint may be futile if the target has no assets.  But not always.    Tagged with: HOUSING mortgage Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Headlines Previous: Previous Post Next: Existing Home Sales: Owners Aren’t Budging Data Provider Black Knight to Acquire Top of Mind 2 days ago About Author: Nicole Casperson The Week Ahead: Nearing the Forbearance Exit 2 days ago Related Articles  Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily Subscribelast_img read more

Selling Sunset’s Maya Vander Is ‘Back and Forth’ About 3rd Baby

first_img– Advertisement – The Israel native joked that her daughter was “crying in the background,” making her wonder whether she “really wants” a third one. “It depends what day you’re gonna ask me that question,” Vander joked.The real estate agent and her kids, Aiden and Elle, have been enjoying extra family time amid the coronavirus pandemic.“My husband works from home and obviously with real estate, I work from home excluding showings,” Vander told Us. “But I spend a lot of time with the family. I just put my son in daycare three weeks ago for, like, half a day in the morning. It’s a small class. So far, so good, so hopefully it will stay this way. And my daughter, she’s 6 months old, and we’ve been full-time parents.”- Advertisement – The Netflix star welcomed her baby girl in May. Prior to giving birth, Vander candidly opened up about her past pregnancy losses.“Happy Mother’s Day to all the amazing moms out there,” Vander captioned a mother-son photo at the time. “Two years ago, I had back-to-back miscarriages, now I’m few days away from having baby No. 2. To all the women who are trying to get pregnant, don’t give up and stay positive.”- Advertisement – Family of five? Maya Vander is on the fence about having a third child with her husband, Dave.“We’re going back and forth because, look, it’s a lot of work,” the Selling Sunset star, 38, exclusively told Us Weekly on Thursday, November 12, while promoting Ever Eden baby products. “Both me and my husband are very busy, which is a good thing. I do like a big family. That being said, I don’t know. We’ll see. I’m 50/50 with that.”- Advertisement – While raising Aiden and Elle, the two-time mom loves using Ever Eden’s moisturizing lotion “every day after bath time,” Vander told Us on Thursday. “They also sent me the line for moms, so I’ve been using the moisturizer for my body as well.”With reporting by Kayley Stumpelast_img read more

Humility and Witness

first_img 28 Views   no discussions Tweet Share Photo credit: katenasser.comThis weekend I would like to explore two qualities in John the Baptist that are worth noting, namely, his humility and his witness. I am not the one, he made it clear; that someone is coming after me. He is greater than I. I am not worthy to untie his sandal straps, He will do things I cannot do.John was not tempted to detract in any way from the significance of Jesus. He wasn’t the real thing, he insisted; he was just a forerunner — and he was fully content with that. And there you have the first and perhaps the most important element in humility. Humility is standing in the truth. It is being just what you are, and only that, without falsification or distortion. Another way of putting this is to say that humility means a just estimate of oneself. If you were Picasso, for example, it would not a mark of humility to say: “I can just about hold a paint brush.” On the other hand, it would be a mark of humility to say: “I know a few things about painting.” Not ‘everything,’ you note. Who knows everything?The people who enshrine humility and disclose it for the rest of us are people who are really good at what they do (about goodness itself, too) and say ‘all I know is a little about this or a little about that,’ where a little is a great deal. Humility is seeing oneself or evaluating oneself “in the broad scheme of things.” You can see how far removed it is from putting yourself down or making yourself a doormat and letting people walk all over you.John was a humble man. He was also a witness, that is, he publicly attested to what he believed. Witness is a public activity or a public stance. Jesus was therefore a witness. Indeed, from the point of view of faith, he was the primary witness. He who sees me, he said openly, sees the Father. The thief on the cross and the centurion on the ground also gave witness — public testimony — to Jesus crucified.Public witness may or may not involve speech. It does not mean that all you talk about all the time is what you believe. If you did that, people would soon avoid being where you were. They would walk away from the water-cooler when they saw you coming.On the other hand, witness is not silence. It is a public attestation. Thus, I cannot prefer silence to being public. That is close to being ashamed of bearing witness. I must have the courage to speak when speech is required or when speech is necessary.I have always admired street preachers. What they do takes a great deal of courage, considering how easily they are dismissed and how indifferently the public usually treats them.The best witness, of course, is public example. If your public self is genuinely your real self, your witness has integrity. The real self need not be perfect, of course. What matters is approximation. The closer you approximate to your ideals, the more influential your witness becomes.The martyr has always been considered the ideal witness – understandably, of course. When I give my life for what I believe, I give my all. I have nothing left to give.Many people do that too without dying, which is perhaps more routinely difficult witness — the daily witness, one day after another, in public and in private, That is both rare and special, and I am sure we know many people like that. They resemble John the Baptist in that their lives point beyond themselves. They go before the One they serve, and they do so without fuss, in fidelity and humility.By: Father Henry Charles PhD Sharing is caring!center_img Share Share FaithLifestyleLocalNews Humility and Witness by: – December 12, 2011last_img read more

Wildcats CC Results At Richmond

first_imgThe Franklin County Girls Cross Country team had another successful meet on IU East’s rolling cross country course.Junior, Lauren Kelley, placed 3rd with an impressive time of 21 minutes even. Just missing the top ten by 10 seconds, senior, Katelyn Meyer, placed 11th, with a time of 23:28. Junior, Josie Selm, finished 26th, with a time of 26:10. This is over 3 minutes faster than her time last year on the same course. Sophomore, Katherine Apsley, was only 14 seconds behind Josie, with a time of 26:24.The Wildcat Girls continue to be competitive as they enter the start of the 2019 season.The competition was fierce at the Richmond Invitational, which took place on IU East’s Cross Country course.Even though they ran faster, collectively, than last year, they couldn’t get a runner in a top 25 spot. Junior, Drew Grant, was the top finisher for Franklin County, with a time of 19:26. Sophomore, Ben Maze, was close behind with a time of 19:41. The next three finishers were newcomers to the sport. Senior, Harvey Marshall, and freshmen, Hunter and Harmon Marshall, rounded out the top 5 Wildcat spots. After coming off an injury, Kyle Seibert finished in the 6th spot, with a time of 21:48. Sophomore, Eric Schwab was close behind Kyle, with a time of 21:59.The Wildcat Boys put in great performance against some large schools with large teams.Courtesy of Wildcats Coach Stacey Nobbe.last_img read more

Former Bulldog Saubert Making Noise At Falcons Training Camp

first_imgFLOWERY BRANCH, Ga. — As the Drake Bulldogs enter their first week of fall camp, former tight end Eric Saubert is showing the Atlanta Falcons coaching staff that he can make an immediate impact through two weeks of training camp.Saubert, a fifth-round draft pick, is getting notice for his crisp route running and rarely dropping passes, even coming away with some very tough grabs. That was one small window!TD for Eric Saubert ?? pic.twitter.com/MqSmlbngQ2— Atlanta Falcons (@AtlantaFalcons) August 6, 2017″We’ve been impressed by Saubert so far,” Falcons head coach Dan Quinn said. “We can’t wait to get him in; we think he can have a role on (special) teams, based on his speed. We’re throwing a lot at him, and he’s the type of kid that wants to keep coming on and keep coming on.”Saubert and the Falcons will begin their preseason schedule on Thursday at the Miami Dolphins at 8 p.m. (CST).Print Friendly Versionlast_img read more

Half-time: QPR 0 Man Utd 1

first_imgRafael scored a stunning goal and then cleared off the line to leave Manchester United in front at the interval at Loftus Road.After Julio Cesar had pushed out an effort from Robin van Persie, the brother of QPR’s on-loan United defender Fabio pounced on the loose ball and brilliantly smashed home from the edge of the area.Rangers, with Bobby Zamora and Jose Bosingwa back in the starting line-up, spent most of the first half on the back foot.Prior to Rafael’s 24th-minute opener, keeper Cesar tipped over Van Persie’s header from Ashley Young’s left-wing cross.Rangers did manage a spell of pressure and were denied an equaliser when Chris Samba’s goal-bound header from Esteban Granero’s corner was met by Rafael at the far post.The outstanding Rafael was then in the thick of the action again, sprinting down the right and sending an excellent cross towards Van Persie, whose first-time shot was parried away by Cesar.Mercifully for the home side, Van Persie was substituted four minutes before the break after being hurt in the build-up to Rafael’s goal.United remained a threat, however, and Nemanja Vidic went close with a header from Ryan Giggs’ cross.QPR (4-4-2): Cesar, Bosingwa, Samba, Hill, Traore; Townsend, Granero, Mbia, Taarabt; Mackie, Zamora.Subs: Green, Park, Wright-Phillips, Onuoha, Jenas, Remy, Hoilett.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 Follow West London Sport on TwitterFind us on Facebooklast_img read more

World Cup 2018: Mbappe trolled for Neymar-like antics on the field

first_imgKylian Mbappe was trolled for ‘play-acting’ during France’s match against Uruguay in the quarter-finals of the 2018 World Cup in Nizhny Novgorod.The French forward, who has starred in this year’s World Cup for Les Blues so far, didn’t have a telling say in the quarters but his antics drew comparison with his club partner Neymar, who has been severely criticised for going to ground easily.Mbappe fell to the ground and wouldn’t get up in the 67th minute of the match, drawing boos from the crowd and soon hell broke out on the field as well. Diego Godin rushed to the spot and asked him to get up and he was soon confronted by the French players. Following that, all the players gathered around the area and a fight broke out almost before the referee and other officials managed to put an end to it and resume play. Mbappe accused Cristian Rodríguez of elbowing him and the Uruguayan was shown yellow. The French forward was also shown a yellow card for his role in the whole situation.REPORT | HIGHLIGHTSThis followed right after Fernando Muslera’s mistake from a Antoine Griezmann shot gave France the second goal. The rush from the Uruguayans players therefore was understandable. Play resumed and the game went on but the South Americans failed to score a single goal and were knocked out of the tournament.Mbappe was subbed off in the 88th minute, thus brining an end to his game on Friday. However, social media didn’t take his antics well and compared him with Neymar, who has been severely criticised for his behaviour in this year’s World Cup. According to RT Sport, the PSG striker has 14 minutes on the deck throughout the World Cup.advertisementAccording to the report, Neymar was down for five minutes and 29 seconds total in the match against Mexcio. The biggest interruption in the match came in the 72nd minute when he writhed about after Mexican Miguel Layun appeared to step on his ankle.Several trolls and memes have been circulating on the internet regarding the Brazilian and the 19-year-old Mbappe’s actions brought upon the same reaction. Clubmates at PSG, Mbappe was trolled for learning the ‘trick of the trade’ from Neymar.Kylian Mbappe channeling his inner Neymar Jr, singing (ala the late, great Whitney Houston)??????????I Learned from the Best, I learned from You?????? pic.twitter.com/E017PbK9rQSoogi Katende (@SoogiKatende) July 6, 2018Kylian Mbappe showing the world he’s graduated from Neymar’s school of diving.. pic.twitter.com/GdaDI6VqMVThe Football Arena (@BantsFootballFC) July 6, 2018Kylian Mbappe taking diving lesson from his club mate, Neymar.I’m happy France sent Uruguay packing tho #URUFRA pic.twitter.com/TLgUb0P9G3Highbee (@highbeely) July 6, 2018After France beat #Uruguay , Patrice Evra has told Kylian Mbappe not to copy Neymar’s flashy tricks.#WorldCupRussia #FRAURU pic.twitter.com/y32nDWdlVlsuleiman idris (@TimesNiger) July 6, 2018New entry to the #Neymar acting club is #KylianMbappe #FRAURGDarshan Suresh (@darshsuri) July 6, 2018Neymar JR & Kylian Mbappe#FRA #URU #URUFRA #WorldCup #WorldCup2018 pic.twitter.com/qFk048nKT4Komedi Futbol (@KomikFutbolcu) July 6, 2018Kylian Mbappé acting after a touch from RodriguezNeymar: Great job. That’s my boy!#URUFRA #WorldCup pic.twitter.com/jWJzsS1EnmLouis_Nexus (@louisnexusdrax) July 6, 2018Ridiculous acting by Kylian Mbappe. He shouldnt be going down the same route as Cristiano, Neymar and Suarez as an actor pic.twitter.com/ZYjSfQbPa3Nabeel Hashmi (@iNabeelHashmi) July 6, 2018last_img read more

NTL Exposé Two

first_imgTo keep up-to-date with all of the latest news and information in the lead up to and during the event, please visit the NTL website:www.ntl.mytouchfooty.com Be sure to ‘like’ and ‘follow’ the Touch Football Australia Facebook and Twitter pages in the lead up to the 2012 X-Blades NTL to keep up-to-date with all of the latest news and information:www.facebook.com/touchfootballaustralia www.twitter.com/touchfootyaus TFA’s YouTube channel will also be updated frequently during the NTL. To view the channel or become a subscriber, please click on the link below: www.youtube.com/touchfootballaus Related Filesexpose2-pdflast_img read more