Articles & Publications

Where are we with TRID?

March 3, 2016

We have anticipated the changes brought about by the new TILA / RESPA Integrated Disclosure Rule (TRID) for the past two years now and everyone across the mortgage and real estate industry has prepared diligently for these changes. At this point, eve...

TN Supreme Court Decision

March 3, 2016

On December 11, 2015, the Tennessee Supreme Court issued its opinion in Mortg. Elec. Registration Sys. v. Ditto, holding that MERS does not have an interest in property that is protected by due process, and therefore is not entitled...

The New Bankruptcy Proof of Claim Form

March 3, 2016

By now, almost everyone in our industry has, at least to some extent, felt the effect of the most recent change that went into effect on December 1, 2015 concerning the official form for mortgage proofs of claim in bankruptcy cases. In this article...

Trends in Objections to Claim

July 5, 2015

A trend among debtor attorneys has emerged that could significantly affect the rights of mortgage lenders and servicers of home mortgages.

Taking the “Mobile” out of Mobile Homes

June 16, 2015

“Manufactured” or “Mobile” homes continue to be a thorn in the side of the real estate industry. While there is certainly not enough room in this space for me to navigate you through all of the perils of curing titles to mobile homes affixed to real estate, I hope that I can at least steer you in the right direction.

New Georgia Recording Deadline Penalty and Execution Requirement Changes

June 5, 2015

Georgia has long had a statutory requirement that a deed under power of sale be recorded within 90 days of a foreclosure sale. However, left unsaid was what would happen if this deadline was not met. With the passing of House Bill 322, Code Section 44-14-160 the statutory requirement has been revised to expressly provide a penalty for non-compliance

CFPB Update – CFPB Reform Bills Introduced

June 5, 2015

Several bills have been introduced in Congress to reform how the CFPB functions and operates. Many of the bills are intended to create more oversight and bring the CFPB into uniformity with other agencies. Here is a brief summary of the bills...

Chapter 13 Plans: Proposed Vesting Provisions and Potential Harm to Secured Creditors

February 2, 2015

A recent trend among a handful of litigious debtor attorneys in our practice jurisdictions of
Georgia, Tennessee, Alabama and Mississippi is the inclusion of “vesting provisions” in proposed Chapter 13 Plans. On multiple occasions, our firm has successfully defended against the confirmation of plans containing these almost hidden provisions. Read More...

Alabama Evictions, a Breed of Their Own

February 2, 2015

In the eviction department at Rubin Lublin, LLC, we handle cases for multiple states including Georgia,
Tennessee, Mississippi and Alabama. There are some differences in the way an eviction procedure is handled by each state but the most drastic difference is when an eviction action is filed in Alabama. Read More...

A Quick Look at the Servicemembers Civil Relief Act

October 31, 2014

With Veteran’s Day fast approaching, it is important to highlight some of the protections afforded members of our armed forces and matters the firm has recently encountered in regards to the Servicemembers Civil Relief Act (SCRA).

Navigating Tennessee’s Successor Trustee Statute

September 26, 2014

As one of the basic steps in the Tennessee foreclosure process, the current beneficiary of a Deed of Trust is required to appoint a successor trustee by filing a Substitution of Trustee (commonly referred to as a “SOT”). Tennessee statute § 35-5-114 sets out the general requirements surrounding the SOT, including the timing of when it should be recorded in the county where the property is located. However, there are two portions of this statute that appear to contradict one another regarding the specific timing of when the SOT is required to be recorded. Read More...

Title Insurance Considerations Affecting Deeds in Lieu of Foreclosure

September 26, 2014

Because of the voluntary nature and cost-efficiency of the deed in lieu foreclosure, this type of transaction is often a win-win situation for the borrower and lender. When deciding whether to accept a deed in lieu of foreclosure, the first question that a lender typically asks is whether there are any subordinate liens attached to the secured real property. Read More...

Integrated Closing Disclosures in the Pipeline

September 26, 2014

Traditionally, Federal law has required lenders to provide two different disclosure forms to consumers
applying for a mortgage. However, these forms were complex and confusing not only to consumers but also difficult to explain by the lenders. As a consequence, the Consumer Financial Protection Bureau (CFPB) has released new guidelines...

A Stretch of Preference

April 29, 2014

Though our firm footprint is focused primarily on the Southeast, we found an interesting bankruptcy case from California that we believe is worth review since, in bankruptcy, cases can grow legs and run. Read More...

The Issue of Standing & Assignments in Alabama

April 23, 2014

In late 2013, the Alabama Supreme Court issued three important decisions regarding Alabama’s law of foreclosure and assignments. While the decisions did raise new issues concerning standing in general, they also helped put to rest some uncertainty as to when a foreclosure actually takes place and the significance of an assignment

Consumer Protection Financial Bureau (CFPB) Mortgage Servicing Rules: 120 Day Rule; Prohibition Against Dual Tracking

February 3, 2014

The Dodd-Frank Wall Street Reform and Consumer Protection Act created the Consumer Protection Financial Bureau (CFPB). The CFPB has the authority to create and enforce regulations for such institutions as HUD, the National Credit Union Administration, the FDIC and the Federal Reserve. In addition to the authority to regulate those institutions and agencies it was given the authority to supervise mortgage servicers.

Reverse Mortgages in Bankruptcy

January 31, 2014

The reverse mortgage is a loan available to homeowners 62 and older with significant equity in their homes. It has grown to be an attractive option for the elderly population as a means to
supplement retirement income. Home Equity Conversion Mortgages (HECMS) are reverse mortgages that are insured by the U.S. Federal Government and is only available through an
FHA approved lender as opposed to a proprietary reverse mortgage through a private lender. In both, loan proceeds are usually paid out in the form of monthly payments made to the
borrower, a line of credit, a lump sum payment or some combination. There is no set date for maturity. The borrower may become in default for not maintaining the property or failure to
pay property taxes and insurance but generally, unless the home is no longer occupied by the mortgagor, is sold or until the last surviving mortgagor dies, the loan will not come due for repayment. So, what happens when someone with a reverse mortgage files for bankruptcy?

Service Members Civil Relief Act (SCRA) Protection and Its Reach

January 31, 2014

The Service members Civil Relief Act (SCRA) is a growing area of concern for the mortgage default
industry. The statute is very broad and much of it can be left to interpretation. Often times, borrowers
can be afforded more relief than what was intended by the legislature in its enactment of the statute and the counter, not enough relief which could yield highly unfavorable outcomes for everyone involved. Read More...

Chapter 12: Not Your Average Bankruptcy Case

January 30, 2014

Many Rubin Lublin clients have an extensive understanding of the workings of bankruptcy filings under Chapters 7 and 13, and often create specialized departments to handle the more complex Chapter 11 filings. But the rare Chapter 12 case can cause some confusion amongst creditors, and even many practitioners less familiar with the chapter’s code provisions. In recent years, Rubin Lublin has seen a rise in Chapter 12 filings, especially considering the large agricultural demographic of the southern states we serve.

Navigating Eviction Appeals

October 31, 2013

Rubin Lublin, LLC handles eviction actions in Georgia, Tennessee, Alabama and Mississippi and each state has a unique set of laws and procedures that must be adhered to with specificity in
order to obtain legal relief. Read More...

The Mobile Home-an Oxymoron for the Mortgage Lending Industry

October 31, 2013

While mobile homes provide affordable housing alternatives to homeowners, this type of housing is becoming an increasingly big headache for the mortgage industry. For the purposes of this discussion, we will consider “mobile” or “manufactured” homes (hereafter referred to as “MH”) to be homes fabricated (usually in two sides) and transported to real estate. Since these types of homes are fabricated “off-site” and transported on public highways, some states require MH’s to be titled with the DMV office like any other motor vehicle.

Triaging Title: A Behind-the-Scenes Look into Title Curative Litigation

October 31, 2013

The term “Triage” is said to have arisen during World War I by French doctors treating the battlefield wounded at aid stations behind the front. In title litigation, we meticulously triage referrals behind-the-scenes of the foreclosure front to reform, establish, or judicially cure numerous title issues that could otherwise halt a potential foreclosure. Right now, we are seeing a large number of referrals for the following common title issues...

You v. JP Morgan Chase Bank

May 20, 2013

Earlier today, the Supreme Court of Georgia issued a ruling that should help resolve much of the ambiguity surrounding foreclosures in the Peach State and will make it significantly easier to defend much of the present consumer litigation. Read More..

What Mortgage Servicers Need to Know in Anticipation of the CFPB’s Default Servicing Guidelines

September 11, 2012

The Consumer Financial Practices Bureau (“CFPB” or “Bureau”) was formed after the passage of Dodd-Frank to protect American consumers in the market for consumer financial products and services through regulation. Not surprisingly, the mortgage market became the immediate target for reform, but the Bureau also has future plans to regulate private student loans, credit card debt, and other financial services.