The Attorney General for the State of New York, Eric Schneiderman has announced that his office plans to settle a case against Encore Financial (“Encore”, a debt collection company which buys the debt of other companies in an effort to turn around and...
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Creditor Defense
Bank of America Seeks Review of Eleventh Circuit Precedent on Second Mortgages
On Behalf of Giddens & Gatton Law, P.C. | Nov 28, 2014 | Bankruptcy, Creditor Defense, Creditor's Rights
The Supreme Court plans to hear two cases brought by Bank of America concerning liens created by second mortgages where the value of the home is less than the amount of the lien from the first mortgage. In one federal appellate circuit, the Eleventh which takes...
New Mexico Supreme Court Applies Loan Protection Act to Nullify Foreclosure
On Behalf of Giddens & Gatton Law, P.C. | Mar 19, 2014 | Creditor Defense, Creditor's Rights, Real Estate
Last month the New Mexico Supreme Court found that the Bank of New York could not foreclose on the home of a New Mexico resident who had refinanced his home by entering in to a promissory note with a different company. The Court specifically interpreted the New Mexico...
New Mexico Homeowners Win Partial Victory against Wells Fargo
On Behalf of Giddens & Gatton Law, P.C. | Jan 16, 2014 | Bankruptcy, Creditor Defense, Creditor's Rights, Foreclosure
The U.S .Ninth Circuit Court of Appeals which rules on federal cases originating from several western states issued a decision earlier this year which gave two New Mexico homeowners a continued opportunity to prevail in a suit against Wells Fargo bank. The plaintiffs...
The Unique Nature of Agriculture in New Mexico
by Giddens & Gatton Law, PC | Oct 25, 2013 | Bankruptcy, Creditor Defense, Creditor's Rights
New Mexico has a desert climate with plenty of sun and wind with temperatures in many areas hitting the 90s during the day and dropping to the 60s in the evenings. In the winter the temperature fluctuations are even more varied. The state typically has just 12 inches...
When Winning A Case Is Not Enough
On Behalf of Giddens & Gatton Law, P.C. | Oct 8, 2013 | Creditor Defense
In most contests the winners know they can take home the trophy or the prize money when the battle is clearly over. When the clock hits zero during the Super Bowl, unless the scoreboard still shows a tie, we know which team is going to be hoisting the Lombardi Trophy...
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