
CLIENT ALERT: Supreme Court Rules Second Mortgages are NOT Voidable in Chapter 7 Bankruptcy
By: Marty B. Ellis On June 1, 2015, in two consolidated cases (Bank of America, N. A. v. Caulkett and Bank of America, N. A. v. Toledo-Cardona), the Supreme Court of the United States ruled that in a bankruptcy liquidation Chapter 7 proceeding, the debtor cannot void a second mortgage when the value of the
- Published in Alerts, Banking and Financial Services, General Business, Litigation, News, Real Estate

Supreme Court Holds Lawsuit for Loan Rescission Under TILA Only Requires Notice to Creditor Within Three Years
On January 13, 2015, the United States Supreme Court issued an opinion in a case captioned Jesinoski et ux v. Countrywide Home Loans, et al., (October term, 2014 – No. 13-684) interpreting the rescission provisions applicable to mortgage loans under the Truth-in-Lending Act, 15 U.S.C. §§ 1601 et seq. and Regulation Z, 12 C.F.R. Part
- Published in Banking and Financial Services, Litigation

Meredith M. Mason and Evan C. Pappas co-author chapter in ABA Intellectual Property Deskbook
Shumaker Williams, P.C. is proud to announce that Meredith M. Mason and Evan C. Pappas have co-authored a chapter in the most recent edition of the American Bar Association’s Intellectual Property Deskbook for Business Lawyers. The book as a whole is intended to be a “go to” reference for general practitioners, business lawyers, and corporate
- Published in Intellectual Property, Litigation, News

Unilateral Arbitration Provisions in Consumer Mortgage Loans Upheld
by J. Steven Lovejoy The Supreme Court of Pennsylvania, in Salley v. Option One Mortgage Corp., recently upheld a mortgage company’s right to enforce a “one-sided” arbitration provision in a loan agreement with a consumer. The agreement in question required the borrower to proceed with any claim against the mortgage company through arbitration while allowing
- Published in Litigation