Foreclosure Speech

The Third Circuit vacated a $750,000 damages award given to a man placed in a chokehold and hit with a stun gun for publicly announcing to bidders at a sheriff’s foreclosure sale that he and his wife had an unrecorded interest in a property being auctioned. The City’s policy prohibiting public announcements during foreclosure sales is a reasonable restriction on speech.

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Emergency Bans on Foreclosures and Evictions Repealed in California

By a vote of 19-1 on Thursday, the Judicial Council repealed emergency orders suspending foreclosure and unlawful detainer actions in California’s courts, leaving lawmakers just a few weeks to enact legal protections to avert an impending flood of evictions for unpaid rent when the moratorium is officially lifted on Sept. 1.

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Loan Servicing

The Ninth Circuit affirmed a contempt sanction against Ocwen Loan Servicing in a case brought by debtors who claim they suffered severe emotional distress by receiving letters and phone calls from the company about the home they had abandoned to foreclosure before filing for bankruptcy. A bankruptcy court had concluded the company violated the debtors’ discharge injunction.

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Squabble Over Lost Property Tax Pits Wells Fargo, Oakland at Ninth Circuit

The city of Oakland should not be allowed to sue Wells Fargo under the Fair Housing Act over lost property tax revenue from the foreclosures it attributes to the bank’s discriminatory mortgage lending practices, an attorney for the bank told the Ninth Circuit on Monday.

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