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09/23/25
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Vermont court revives Ditech, US Bank foreclosure after note dispute
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MPA Mag |
Vermont court revives Ditech, US Bank foreclosure after note dispute
A Vermont Supreme Court decision has put a foreclosure case back on track after years of twists over who really owned the mortgage.
Here’s what happened: Back in 2015, Ditech Financial LLC, which had taken over from Green Tree Servicing, started foreclosure proceedings against Karen Brisson. The loan dated to 2007, and like many in the industry know, the mortgage had already changed hands a few times – first with Chittenden Trust Company, then Everbank, then Green Tree, and finally Ditech. Brisson defaulted, and after a trial in 2018, the court sided with Ditech, confirming it held the original note and setting the amount owed. Brisson was given a six-month window to pay up or lose the property.
But things didn’t go as planned. After the redemption period ended, Brisson filed for bankruptcy in 2019. The foreclosure was put on pause. Once she was discharged from bankruptcy, Ditech tried to get the case moving again and asked for a new sale date. The parties attempted mediation, but no deal was reached.
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09/22/25
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CFPB publishes its unified agenda for spring 2025
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JD Supra |
CFPB publishes its unified agenda for spring 2025
Recently, the U.S. Office of Management and Budget received the CFPB’s Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, outlining 25 regulatory activities at different stages of the administrative process. The Bureau’s agenda included nine entries at the prerule stage, ten entries at the proposed rule stage, five at the final rule stage, and one set for long-term review and action. The CFPB clarified that the timing of these actions is not binding and may change. In its notice, the CFPB also released a list of completed actions, which included regulatory action taken with respect to the FCRA and the reporting of medical debt, credit card penalty fees, and PACE financing.
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09/18/25
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ATTOM: Foreclosure Starts Continued to Rise in August
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Mortgage Orb |
ATTOM: Foreclosure Starts Continued to Rise in August
Foreclosure starts were down slightly in August compared with July but were up 17% in compared with August 2024, according to ATTOM’s latest U.S. Foreclosure Market Report.
Still, foreclosures remain near historical lows.
States that had the greatest number of foreclosure starts in August included Texas (2,982), Florida (2,803), California (2,558), New York (1,207) and Illinois (1,170).
In addition, completed foreclosures were up 5% compared with July and were up 41% compared with a year ago.
States that had the greatest number of REOs in August included Texas (476), California (343), New York (319), Florida (276) and Illinois (232).
A total of 35,697 U.S. properties saw foreclosure filings — default notices, scheduled auctions or bank repossessions — in August, down 1% compared with the previous month ago but up 18% compared with a year ago.
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09/18/25
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CFPB Spring 2025 Regulatory Agenda Mortgage Items
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Ballard Spahr |
CFPB Spring 2025 Regulatory Agenda Mortgage Items
The CFPB recently released its Spring 2025 Regulatory Agenda. In this post, we focus on various residential mortgage-related items included in the Regulatory Agenda. We will address other aspects of the Regulatory Agenda in separate blog posts. To register for our webinar on the Regulatory Agenda, click here.
An initial observation regarding the Regulatory Agenda in general is that it is very ambitious, with a total of 24 rulemaking items, plus one long term action, yet it is not clear how the CFPB could engage in this level of rulemaking given the significant reduction in force planned at the CFPB that we have reported on extensively, and most recently here and here , and also addressed in a recent podcast.
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09/08/25
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Fraud and the Statute of Limitations in Foreclosure Defense
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Living Lies |
Fraud and the Statute of Limitations in Foreclosure Defense
One of the most common questions homeowners ask us is this:
“If I discover fraud in my foreclosure case, is it too late to do anything about it?”
Her is our answer. It depends. And here’s why.
Why Fraud Changes Everything
Every state has statutes of limitations (SOL) that set deadlines for filing lawsuits, including claims of fraud. But here’s the key: most states allow the clock to start ticking when the fraud is discovered, not when it happened.
This is called the “discovery rule.” It means if you just uncovered evidence that your foreclosure was based on false documents, forged signatures, or fabricated assignments, you may still have a case—even years later.
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09/04/25
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Trump Is Accusing Foes With Multiple Mortgages of Fraud. Records Show 3 of His Cabinet Members Have Them.
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Propublica |
Trump Is Accusing Foes With Multiple Mortgages of Fraud. Records Show 3 of His Cabinet Members Have Them.
The White House has targeted opponents, including a Fed governor, for having more than one primary residence on their loan papers. ProPublica found that, in one case, a Trump cabinet secretary got two such mortgages in quick succession.
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