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Insights

Insights / 28 January 2021

The Impacts of the Consolidated Appropriation Act on Forbearance Agreements and Recovery

On December 27, 2020, the Consolidated Appropriation Act (CAA) was signed into law and provided further assistance for both borrowers who entered into such forbearance, as well as lenders.
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Insights / 11 January 2021

Supreme Court of Indiana Harmonizes Statutes of Limitations for Closed Installment Contracts

In February 2020, the Supreme Court of Indiana issued its decision in Blair v. EMC Mortgage, which harmonizes the Statutes of Limitations (SOLs) for closed installment contracts.
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Insights / 5 January 2021

Stimulus Funds Directly Deposited into Savings/Checking Accounts are Exempt from Execution

On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (Act), which has since been signed by the President. Under the terms of the Act, individual taxpayers will be receiving a second round of stimulus funds.
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Insights / 14 December 2020

Ohio House Bill 251 May Reduce The Statute of Limitations to Four Years for Oral Contracts and Six Years for Written Contracts

As introduced, H.B. 251 would have drastically reduced the statute of limitations for both oral and written contracts.
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Insights / 19 November 2020

Some Things Servicers Should Inform Borrowers About Forbearance, or Full or Partial Loan Forgiveness

The Mortgage Bankers Association has reported that as of November 8th, 2.7 million homeowners are in active forbearance plans. Although the rate of new forbearance requests has declined for the 11th straight week, borrowers that are still experiencing financial hardship are likely to request an extension.
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Insights / 10 November 2020

Liquidated Damages and Private K-12 Schools

Private elementary and secondary schools are unique creditors... But what happens when the families of some students default on their obligation to pay for the education?
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Insights / 4 November 2020

Social Media Strategy for Attorneys: The "How" and "Why"

Gone are the days of relying exclusively on networking events and face-to-face interactions. Whether COVID-19 is to thank or to blame is subjective, but the fact remains the same: a digital marketing presence is important now more than ever.
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Insights / 26 October 2020

Equitable Mortgages and Lenders' Due Diligence

After a default, can the lender nevertheless enforce a mortgage through foreclosure if due to an oversight, the mortgage was never recorded and no copy is available? An Ohio Court of Appeals shed light on this issue.
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Insights / 2 October 2020

Left in the Dark: Utility Shut-offs Resume Throughout the Country

While a total of 36 states previously barred electricity disconnections during the pandemic, 14 states moratoriums have already expired and the rest are following not far behind. That means, for an estimated 24 million American households, the possibility of their power now being shut off looms.
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Insights / 24 September 2020

COVID-19's Impact on Commercial Real Estate

The COVID-19 pandemic has been disastrous for the already-weakened retail industry. These rapid changes have dealt an unprecedented blow to the commercial real estate industry. However, not all real estate sectors are performing in the same manner.
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