Avery Simmons

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Avery Simmons concentrates on advising clients with her extensive experience in general litigation and complex financial disputes. Avery advises clients on a variety of litigation matters including contract negotiation and breach disputes, mortgage servicing compliance, securitization, real estate disputes, insurance brokerage issues, FOIA disputes, ERISA disputes and employment matters. View articles by Avery

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Mortgage-Loan Modification Scam Ends with Serious Consequences

A California man that operated as a high-level sales executive for a fraudulent residential mortgage-loan modification scheme will now spend several years in jail. From 2009 to 2016, Mehdi Moarefian (aka Michael Miller) acted as a senior sales manager for a series of California-based companies that purported to help struggling homeowners under names such as … Continue Reading

Connecticut Supreme Court Upholds Constitutionality of MERS Recording Statute

In a recently issued opinion, the Connecticut Supreme Court upheld the constitutionality of a recording statute specifically targeted by the Connecticut legislature to impose higher recording fees on residential mortgage loans where MERS was listed as the nominee of record. The case, MERSCorp Holdings, Inc., et al. v. Daniel P. Malloy, involved an in-depth examination … Continue Reading

Indiana Court Weighs in on Deficiency Judgments

The Indiana Court of Appeals recently held that creditors must move for an in personam remedy in the original foreclosure judgment or forfeit their right to collect deficiency funds. In Elliott v. Dyck O’Neal, the bank foreclosed upon a borrower’s residence, and sought judgment against the borrowers for the full amount of the outstanding balance … Continue Reading

New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations

After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used by parties seeking deficiency judgments in foreclosure actions. While the Court did not opine on what would be necessary for such an affidavit to pass … Continue Reading
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