US Trustee Investigation of Mortgage Servicing in Bankruptcy

In re Subpoena Duces Tecum, 461 B.R. 823 (C.D.Cal. 2011) – Investigation of Mortgage Servicers Oftentimes debtors think of the US Trustee as someone who is monitoring them.  It is easy to forget that the US Trustee’s Office role is to oversee and administer the entire bankruptcy system.  This includes overseeing the conduct of creditors.  When creditors abuse the provisions … Continue reading »

TILA Rescission: Understanding the Return of Proceeds Requirement

The Truth in Lending Act (“TILA”) has been widely touted as a way for a homeowner to defeat foreclosure and to even wipe out their entire mortgage.  TILA is a very powerful consumer protection statute; however, it is extremely unlikely that TILA will wipeout your mortgage.  This is an area where you should be very careful, because some mortgage rescue … Continue reading »