• Strong Arm of the Law—Fitness at Work

    Socrates (if he actually existed, but I’m not going to open that Grecian urn of worms right now) once said, “No man has the right to be an amateur in the matter of physical training. It is a shame for a man to grow old without seeing the beauty and strength of which his body

    Andrew Rindahl

  • WARNING ORDERS: IMPORTANCE OF RECENT ARKANSAS PRECEDENT

    Warning Orders: Importance of Recent Arkansas Precedent Arkansas Courts have recently reviewed cases regarding the sufficiency of constructive service by warning order. Service by warning order is governed by Arkansas Rule of Civil Procedure 4(f), which states: “If it appears by the affidavit of a party seeking judgment…, after diligent inquiry, the identity or whereabouts

    Jillian Wilson

  • NO RIGHT TO A SHORT SALE AFTER DEFAULT

    No Right to a Short Sale After Default A Review of Jorge A. Alfonso, et al. v. Linda V. Bailey, Executrix and Personal Representative of the Estate of Robert M. Bailey, et al. By Kate Lachowsky      Jorge A. Alfonso, et al. v. Linda V. Bailey, Executrix and Personal Representative of the Estate of

    Kate Lachowsky

  • BANKRUPTCY UPDATE NACTT ANNUAL CONFERENCE 2016

    BANKRUPTCY UPDATE NACTT Annual Conference 2016 by Joel W. Giddens Wilson & Associates, P.L.L.C. USFN Member (AR, MS, TN) The National Association of Chapter Thirteen Trustees (NACTT) held its annual conference in Philadelphia this past July. Mortgage issues continued to be a hot topic at the conference, with several educational panels addressing them. There was

    Joel Giddens

  • SUCCESSFUL MENTORING: ACCESSIBILITY, COMMUNICATION, AND FEEDBACK

    SUCCESSFUL MENTORING: ACCESSIBILITY, COMMUNICATION, AND FEEDBACK      Mentoring programs are an important part to the growth of the legal community, but is often overlooked by practitioners. Law schools and bar associations have begun realizing the importance of mentoring programs, however some mentors commit but cannot follow-through. In order for the mentor relationship to succeed,

    Heather Martin-Herron

  • TENNESSEE: FORECLOSURE OF SUPERIOR DEED OF TRUST EXTINGUISHES SUBSEQUENT EASEMENT

    Tennessee: Foreclosure of Superior Deed of Trust Extinguishes Subsequent Easement Courtney McGahhey Miller The general rule in Tennessee regarding the foreclosure of a superior deed of trust is the purchaser at a foreclosure sale takes title divested of all encumbrances made subsequent to the foreclosed deed of trust. The Court of Appeals of Tennessee recently

    Courtney Miller

  • REVERSE MORTGAGE CONCERNS: OCCUPANC DETERMINATION

    Reverse Mortgage Concerns: Occupancy Determination Posted By USFN, Monday, August 1, 2016 August 1, 2016 by Jillian H. Wilson Wilson & Associates, P.L.L.C. USFN Member (Arkansas, Mississippi, Tennessee) The reverse mortgage is one of the more powerful financial tools available to seniors due to its ability to increase their monthly income at a dramatic rate.

    Jillian Wilson

  • THE GAO AND SIGTARP CALL FOR INCREASED REGULATION OF NON-BANK MORTGAGE SERVICERS

    THE GAO AND SIGTARP CALL FOR INCREASED REGULATION OF NON-BANK MORTGAGE SERVICERS Jennifer Wyse Recently, reports issued by the Government Accountability Office (GAO) and the Office of the Special Inspector General for the Troubled Asset relief Program (SIGTARP) recommended increased regulatory oversight of non-bank mortgage servicers as a response to their increased role in the

    Jennifer Wyse

  • TENNESSEE BANKRUPTCY PRACTIVE: UNIFORM BANKRUPTCY CODE NOT SO UNIFORM IN CHAPTER 13 PRACTICE

    Tennessee Bankruptcy Practice: Uniform Bankruptcy Code Not So Uniform in Chapter 13 Practice By James Bergstrom and Joel Giddens Wilson & Associates, P.L.L.C. USFN Member (Arkansas and Tennessee) It is said that experience is the best teacher. In the context of the bankruptcy law, this is especially true. Tennessee has three bankruptcy districts (Western, Middle

    James Bergstrom

  • ARKANSAS STATUTORY FORECLOSURES – AN ABUNDANCE OF NOTICE

    Arkansas Statutory Foreclosures – An Abundance of Notice By Courtney Miller Arkansas is one of many states that have a statutory foreclosure act, allowing lenders to foreclose without filing a lawsuit. Arkansas enacted its Statutory Foreclosure Act (“the Act”) in 1987 (Ark. Code Ann. §§ 18-50-101 (Supp. 2011). Arkansas also allows for judicial foreclosures, but

    Courtney Miller

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