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Recent Articles

Fighting Zombie Foreclosures with UDAP Claims

State “UDAP” statutes, providing equitable relief and attorney fees, are a promising approach to defending foreclosure of long-dormant second mortgages (zombie mortgages). With numerous precedents, this article explains why mortgage holders and servicers’ long-term abandonment of communication with borrowers meets the elements for both unfair and deceptive practices under these statutes.

Best Practices in Today's Fast-Changing TCPA Environment

Following a 2025 Supreme Court decision, courts are reconsidering prior settled law on Telephone Consumer Protection Act (TCPA) claims, including whether the TCPA applies to text messages, whether the FCC's written consent regulation is enforceable, and whether private remedies apply to caller ID and cell phone do-not-call list violations. This article focuses on best litigation practices in this changing environment.

Supreme Court Limits What Former Owner Gets After Property Tax Taking

On June 23 the Supreme Court decided its second property tax foreclosure case in three years, clarifying homeowner rights after a tax taking where sale proceeds are far lower than the property’s value. This article analyzes the new ruling’s implications, explores when a tax sale may not be “fairly conducted,” identifies states where tax sale law is open to challenge, and explains how recent legislative gains are protected.

Practice Suites & Archives

Collections of materials from the NCLC Digital Library and beyond, aggregated by subject for easy reference.