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Home Foreclosures: B.2.3 HUD Handbooks and Mortgagee Letters

In a departure from past practice, HUD has now combined its guidance for the Single Family Home Loan Program into a single Handbook, Handbook 4000.1, available at https://www.hud.gov. The Handbook is divided into five parts. Sections one and two deal with originations of loans. The fourth section deals with claim payments and the fifth addresses addresses HUD’s quality control and oversight of lenders.

Home Foreclosures: Rhode Island

R.I. Gen. Laws §§ 44-9-1 to 44-9-56

Method of Tax Sale: Tax Deed—sold at auction to the bidder who will pay the taxes and costs due for the smallest undivided part interest in the property. § 44-9-8.

Pre-Sale Notice:

Number of Notices: Two.

Home Foreclosures: South Carolina

S.C. Code Ann. §§ 12-49-1110 to 12-49-1290, §§ 12-51-40 to 12-51-170

Method of Tax Sale: Tax Lien Certificate—sold at auction to highest bidder. §§ 12-51-130, 12-51-50.

Pre-Sale Notice:

Number of Notices: One notice of sale. After delinquency, notice by certified mail specifying that if taxes, assessments, penalties and costs are not paid before subsequent sales date, then property must be advertised and sold for same.

Home Foreclosures: South Dakota

S.D. Codified Laws §§ 10-23-1 to 10-23-33, §§ 10-24-1 to 10-24-17, §§ 10-25-1 to 10-25-45

Method of Tax Sale: Tax Lien Certificate—sold at auction to person bidding full amount of taxes, interest, and costs due, and offering lowest interest rate for redemption amount. § 10-23-8.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Tennessee

Tenn. Code Ann. §§ 67-5-2001 to 67-5-2013, §§ 67-5-2101 to 67-5-2103, §§ 67-5-2501 to 67-5-2516, § 67-5-2701

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. §§ 67-5-2501, 67-5-2504.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Texas

Tex. Tax Code Ann. §§ 34.01 to 34.23 (West)

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. § 34.01(m).

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Utah

Utah Code Ann. §§ 59-2-1301 to 59-2-1372 (West)

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. § 59-2-1351.1.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Vermont

Vt. Stat. Ann. tit. 32, §§ 5251 to 5263

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. §§ 5252, 5261.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Virginia

Va. Code Ann. §§ 58.1-3965 to 58.1-3975

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. §§ 58.1-3965, 58.1-3967, 58.1-3969.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Washington

Wash. Rev. Code §§ 36.35.010 to 36.35.290 (county disposition of tax title property); §§ 84.64.005 to 84.64.225 (lien foreclosure)

Method of Tax Sale: Tax Deed—sold at auction to highest bidder. § 84.64.080. Public auction may be conducted by electronic media in accordance with § 36.16.145. § 84.64.225.

Pre-Sale Notice:

Number of Notices: Two.

Home Foreclosures: West Virginia

W. Va. Code §§ 11A-1-1 to 11A-4-7

Method of Tax Sale: Tax Lien Certificate—sold at auction to highest bidder who pays at least amount of taxes, interest and charges. § 11A-3-14.

Pre-Sale Notice:

Number of Notices: One.

Home Foreclosures: Wisconsin

Wis. Stat. §§ 74.01 to 74.87, §§ 75.001 to 75.69

Method of Tax Sale: Tax Deed—property conveyed to county through foreclosure proceeding. §§ 75.35, 75.69.

Home Foreclosures: Wyoming

Wyo. Stat. Ann. §§ 39-13-101 to 39-13-112

Method of Tax Sale: Tax Lien Certificate. § 39-13-108.

Pre-Sale Notice:

Number of Notices: One.

Consumer Class Actions: 6.3.1 Importance of Preserving Documents

The reasons for taking care to preserve documents are straightforward. A class member’s claim frequently depends upon the existence of records in the defendant’s possession. Missing records can extinguish a class member’s rights or at least make a proof of claim much more difficult, if not impossible. Destruction of records also may prove damaging to the class as a whole. For example, missing records may make it impossible for the plaintiff to prove numerosity or the extent and illegal nature of the defendant’s conduct.

Consumer Class Actions: 9.5.4 Other Types of Objections

Other objections that may be appropriate in a client’s deposition are objections to the form of the question—for example, if it is vague or compound. These objections are appropriate if the questions are confusing or call for varying responses. Questions that assume the answer may be objectionable because they lack foundation or presume facts not in evidence. When the plaintiff is being asked the same question multiple times, objecting that the question has been asked and answered is appropriate.

Federal Deception Law: 3.1.1 The Consumer Financial Protection Bureau

Effective July 21, 2011,1 the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act)2 Title X created the Consumer Financial Protection Bureau (CFPB), with authority—among other powers—to issue regulations and bring enforcement actions against financial service providers that engage in unfair, deceptive, or abusive acts or practices (UDAAP).

Consumer Class Actions: 12.3.1 Overview

This section focuses on the standards used by the circuits in deciding whether to grant appellate review under Rule 23(f), but also provides numerous examples of decisions upholding or reversing class certification rulings.

Fair Credit Reporting: C.3 General Summary of Consumer Rights

Section 1681g(c) of the FCRA requires the CFPB to issue a general summary of consumer rights. The Summary of Consumer Rights is perhaps the single most common explanation of the FCRA most consumers will ever receive. Consumer reporting agencies must provide a copy of the Summary of Consumer Rights whenever a consumer requests disclosure of their file.5

Collection Actions: ALASKA

Has state opted out of federal bankruptcy exemptions? No. See In re Tinkess, 459 B.R. 76 (Bankr. D. Alaska 2008) (finding that Alaska Stat. § 09.38.055 lacks sufficient specificity to operate as an opt-out statute).

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: No. Alaska Stat. § 09.38.010 limited to “property in this state.”

Collection Actions: ARIZONA

Has state opted out of federal bankruptcy exemptions? Yes. Ariz. Rev. Stat. Ann. § 33-1133.

Is opt out limited to residents or domiciliaries of the state? Yes. Ariz. Rev. Stat. Ann. § 33-1133: “Residents of this state are not entitled to the Federal exemptions provided in 11 U.S.C. § 522(d).” See In re Rody, 468 B.R. 384 (Bankr. D. Ariz. 2012) (Arizona opt-out applicable only to Arizona residents).

Do state’s exemptions have extraterritorial application?

Collection Actions: CALIFORNIA

Has state opted out of federal bankruptcy exemptions? Yes. Cal. Civ. Proc. Code § 703.130 (West).

Is opt out limited to residents or domiciliaries of the state? Not specified. Cal. Civ. Proc. Code § 703.130 (West): “[T]he exemptions set forth in [§ 522(d)] . . . are not authorized in this state.”

Do state’s exemptions have extraterritorial application?

Collection Actions: COLORADO

Has state opted out of federal bankruptcy exemptions? Yes. Colo. Rev. Stat. § 13-54-107.

Is opt out limited to residents or domiciliaries of the state? Yes. Colo. Rev. Stat. § 13-54-107: “[T]he exemptions in [§ 522(d)] are denied to residents of this state. Exemptions authorized to be claimed by residents of this state shall be limited to those exemptions expressly provided by the statutes of this state.”

Do state’s exemptions have extraterritorial application?

Collection Actions: CONNECTICUT

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Wages: Conn. Gen. Stat. §§ 52-352b(4), 52-361a, 52-367b.