Publications
Wright, Finlay & Zak, LLP contributes to the practice of law and the awareness of its national community. Throughout the list below you will find various articles written by our very own attorneys whose primary goal is to keep our communities informed about the legal situations that matter to them. In addition, you will find our quarterly publications which have been published by Wright, Finlay & Zak, LLP. "The WFZ Quarterly" aims to bring together the wealth of knowledge our firm has to better inform our clients and prospective clients about the ever-changing landscape of the legal field.
Loan Originator and Servicer Websites Find Themselves in the ADA's Crosshairs
August 2019
By Olivier J. Labarre, Esq. and T. Robert Finlay, Esq.
If You Charge Default Interest, You'll Want to Read This!
July 2019
By Taylor E. Hubbard, Esq. and T. Robert Finlay, Esq.
A Loan Servicer's Failure To Timely Rescind its Notice of Default Could
Violate FDCPA
July 2019
By Joan C. Spaeder-Younkin, Esq. and T. Robert Finlay, Esq.
California Court of Appeals Lets Receivers Loan Jump in Front of Lender's
Previously First Lien
July 2019
By Ruby J. Chavez, Esq. and Jonathan D. Fink, Esq.
California Court of Appeals Expands a Borrowers' Right to Attorneys' Fees
Under HOBR: Hardie v. Nationstar
July 2019
By T. Robert Finlay, Esq.
The WFZ Quarterly
Summer 2019
The Inescapable Employee: Courts Significantly Restrict Independent Contractor
Classification in California
May 9, 2019
By T. Robert Finlay, Esq.
There Is No Such Thing as a Free House...Well, in the State of Washington,
There Could Be...
Mortgage Daily
April 16, 2019
By Lukasz I. Wozniak, Esq. and T. Robert Finlay, Esq.
Time-Barred Foreclosures and the Statute of Limitations
DS News
April 4, 2019
By T. Robert Finlay, Esq. and Lukasz I. Wozniak, Esq.
The WFZ Quarterly
Spring 2019
California Court of Appeals Expands a Borrowers' Right to Attorneys' Fees
Under HOBR
March 2019
By T. Robert Finlay, Esq.
There's No Such Thing as a Free House...Well, in the State of Washington,
There Could Be...
March 2019
By Lukasz I. Wozniak, Esq. and T. Robert Finlay, Esq.
The WFZ Quarterly
Winter 2018-2019
Ninth Circuit Expands Time for a Borrower to Sue to Enforce Rescission
of a Loan Under TILA
December 2018
By Michael S. Kelley, Esq. and T. Robert Finlay, Esq.
Does the Non-Judicial Foreclosure Process Constitute "Debt Collection"
Under the FDCPA? U.S. Supreme Court to Decide!
January 2019
By Lukasz I. Wozniak, Esq. and T. Robert Finlay, Esq.
Examining the Enforcement of TILA
DS News
January 3, 2019
By T. Robert Finlay, Esq. and Michael S. Kelley, Esq.
ADA Implications for Servicer Websites
DS News
January 2019
By Olivier J. Labarre, Esq. and T. Robert Finlay, Esq.
Don’t Get Burned Twice – Impact of the Full Credit Bid Rule
in Light of Recent Wildfires
M Report
January 2019
By Kathryn A. Moorer, Esq. and T. Robert Finlay, Esq.
The Rocky Road to Fee Recovery
DS News
November 2018
By T. Robert Finlay, Esq.
HERA and HOA Foreclosure Sales
DS News
September 24, 2018
By Christina V. Miller, Esq.
The WFZ Quarterly
Late Summer 2018
Failure to Follow Freeze and Seize Law Leaves County With No Interest in
Surplus Funds
UTA Quarterly
Summer 2018
By Joan C. Spaeder-Younkin, Esq. and Michelle A. Mierzwa, Esq.
NV Super Lien Decisions Benefit Mortgage Firms
Mortgage Daily
August 6, 2018
By Christina V. Miller, Esq.
The WFZ Quarterly
Spring 2018
Too Tender for This World? The Rise (and Possible Fall) of the Tender Rule
April 2018
By Todd E. Chvat, Esq. and T. Robert Finlay, Esq.
Putting Abandoned Properties Under the Spotlight
DS News
April 20, 2018
By Michelle A. Mierzwa, Esq.
Why California’s New Recording Fees Matter for Servicers
M Report
April 5, 2018
By Joan C. Spaeder-Younkin, Esq. and Michelle A. Mierzwa, Esq.
Keeping PACE with Clean Energy Finance Laws
M Report
March 20, 2018
By T. Robert Finlay, Esq. and Sonia Plesset Edwards, Esq.
The Past and Future of PACE
DS News
March 20, 2018
By T. Robert Finlay, Esq. and Sonia Plesset Edwards, Esq.
The New Year Brings New HOBR Requirements
Mortgage Compliance Magazine, February 2018
DS News, December 2017
By T. Robert Finlay, Esq. and Ruby J. Chavez, Esq.
Is the Glass Half Full or Half Empty?
Diversity Briefing
Winter 2017
By Magdalena D. Kozinska, Esq.
A Tale of Two Amici
ALFN Angle, Vol. 5, Issue 1
Mortgage Daily, November 20, 2017
By Jonathan D. Fink, Esq. and T. Robert Finlay, Esq.
Statute of Limitations Issues In the Pacific Northwest and Southwest
(Avoiding the SOL Bar Through Waiver of Acceleration and Tolling)
ALFN Angle, Vol. 5, Issue 1
Mortgage Daily, November 14, 2017
By Jamin S. Neil, Esq. and T. Robert Finlay, Esq.
The Ninth Circuit Bars Claims Against Trustee Due to the Borrower’s
Failure to Amend Include the Claims in their Bankruptcy Schedules
UTA Quarterly
Fall 2017
By Laura N. Coughlin, Esq. and T. Robert Finlay, Esq.
California Court of Appeals Confirms the Qualified Privilege for Foreclosure
Trustees:
Schep v. Capital One, N.A.
UTA Quarterly
Fall 2017
By Marvin B. Adviento, Esq. and T. Robert Finlay, Esq.
Foreclosure Mediation Program Update
UTA Quarterly
Fall 2017
By Ramir M. Hernandez, Esq.
Trustees Triumph – With its recent decision, the Ninth Circuit Court
has barred claims against trustees in certain situations. Could it help
keep future frivolous lawsuits at bay?
DS News
October 2017
By Laura N. Coughlin, Esq. and T. Robert Finlay, Esq.
Bankruptcy Ruling Benefits Foreclosing Parties – 9th Circuit Bars Borrower’s Claims
Mortgage Daily
September 22, 2017
By Laura N. Coughlin, Esq. and T. Robert Finlay, Esq.
Women in Housing – Highlighting 60 Women Making a Difference in the Industry
M Report
September 2017
WFZ congratulates its Managing Partner, Robin P. Wright, Esq. for her Honorable
Mention as a leading lady in the mortgage industry!
California Supreme Court to Review Conflicting Decisions Calling Into Question
When the Purchaser at a Foreclosure Sale Can Start its Eviction
California Mortgage Finance News
Fall 2017
By Michael Asatourian, Esq. and T. Robert Finlay, Esq.
Ten Grenades Hiding in Tenant Commercial Leases: What You Didn’t
Bargain For Could Blow Up Your Business
August 2017
By Robert J. Matthews, Esq.
The WFZ Quarterly
Summer 2017
Conflicting California Decisions Call Into Question When the Purchaser
at a Foreclosure Sale Can Start Its Eviction
UTA Quarterly, Spring 2017
Mortgage Daily, April 3, 2017
By Michael Asatourian, Esq. and T. Robert Finlay, Esq.
The WFZ Quarterly
Winter 2017
Statute of Limitations Issues Jump Across Coasts Hitting the Pacific Northwest
and Southwest: Can Waiving Acceleration Avoid the Statute of Limitations’
Bar to Foreclosure?
WFZ Quarterly
January 2017
By Jamin S. Neil, Esq. and T. Robert Finlay, Esq.
Can the Buyer of a Property at a HOA Foreclosure Sale Destroy Diversity
Jurisdiction by Joining the Former Homeowner?
UTA Quarterly
Winter 2016
By Dana Jonathon Nitz, Esq.
When Borrowers’ Rights and CFPB Collide
DS News
August 2016
By Michelle A. Mierzwa, Esq.
Jordan v. Nationstar Mortgage, LLC: The Washington Supreme Court’s
Sweeping New Decision on Pre-foreclosure Efforts to Enter and Secure Real
Property in the State
Legal League 100 Quarterly
August 2016
By Ryan M. Carson, Esq. and Michelle M. Mierzwa, Esq.
Nevada HOA Update: Will the Nevada Supreme Court Limit the Negative Impact of the
SFR Decision to HOA Sales Occurring
After September 18, 2014?
Nevada Bankers Association
July 2016
By Dana Jonathon Nitz, Esq. and Natalie C. Lehman, Esq.
The WFZ Quarterly
Summer 2016
With CFPB Regulations Looming, California Looks to Jump the Gun and Implement
its own Regulations for Working with Successors to a Deceased Borrower
UTA Quarterly
June 2016
By T. Robert Finlay, Esq.
A Cautionary DNMS tale: Bae v. T.D. Service Company
UTA Quarterly
June 2016
By Marvin B. Adviento, Esq. and T. Robert Finlay, Esq.
California Loss Mitigation Bill Creates More Problems Than It Solves
HousingWire
April 29, 2016
By T. Robert Finlay, Esq.
The WFZ Quarterly
Spring 2016
Fallout from Foreclosure Ruling Could Strangle Housing Market
National Mortgage News
March 24, 2016
By T. Robert Finlay, Esq.
Comparing the Foreclosure Beneficiary's Duty of Disclosure with the Prospective
Purchaser's Obligation to Investigate the Property? The 9th Circuit Sheds
Some Light on the Issue
UTA Quarterly
Spring 2016
By Magdalena D. Kozinska, Esq. and T. Robert Finlay, Esq.
Right of Redemption on HOA Sales - A Solution or Just Another Problem for
Servicers in Nevada?
February 2016
By Robin P. Wright, Esq. and T. Robert Finlay, Esq.
Is Nevada’s HOA Solution Just Another Problem For Mortgage Servicers?
HousingWire
January 2016
By T. Robert Finlay, Esq.
California HOBR - When is a Borrower Entitled to Attorneys’ Fees
After Enjoining a Foreclosure Sale?
DS News (January 2016)
California Mortgage Finance News (Winter 2015)
By Nicole S. Dunn, Esq. and T. Robert Finlay, Esq.
Will Senate Bill 306 Ease Lenders’ Pain From the SFR v. US Bank Decision?
UTA Quarterly
Summer 2015
By T. Robert Finlay, Esq. & Robin P. Wright, Esq.
Legislation Alert: California Notary Requirements Changing
DS News
January 2015
By Sonia Plesset, Esq.
Insecurity: A discussion of wrongful Foreclosure Litigation including Glaski
v. Bank of America, 218 Cal. App. 4th 1079, 1095 (2013) and Yvanova v.
New Century Mortgage Corporation
November 2014
By Jonathan D. Fink, Esq.
Beware of Defective Service! A Lesson in relying on the court to catch
invalid service.
May 21, 2014
By T. Robert Finlay, Esq. and Marvin B. Adviento, Esq.
Will the Recent California Supreme Court Decision in
Riverisland Cold Storage Lead to a Flood of Borrower Suits Arising from Loan Modification Agreements?
February 21, 2014
by Jonathan M. Zak, Esq. and James J. Ramos, Esq.
Trial & Error?
June 2013
by Todd E. Chvat, Esq. and T. Robert Finlay, Esq.
The Increasing Threat to Lender Priority Rights
May 17, 2013
by Dana J. Nitz, Esq. and R. Samuel Ehlers, Esq.
Lenders Beware, Pitfalls of Foreclosing in Los Angeles
May 7, 2013
by Nicholas G. Hood, Esq. and T. Robert Finlay, Esq.
UTA Helps to Foreclose on the Argument
Spring 2013
by Christopher Benner, Esq. and Robin P. Wright, Esq.
HAMP Modification a Must if Trial Plan Compliance - West v. JP Morgan Chase Bank
April 5, 2013
by Todd E. Chvat, Esq. and T. Robert Finlay, Esq.
Increasing threat to Lender Priority Rights in NV
March 15, 2013
By Robin P. Wright, Esq. and Dana J. Nitz, Esq.
Resurgence of Judicial Foreclosures to Avoid Road Blocks
March 7, 2013
by Dana J. Nitz, Esq. and Christopher Benner, Esq.
Glaski Reopens The Standing Debate
UTA Quarterly
Winter 2013
by Marvin B. Adviento, Esq. and T. Robert Finlay, Esq.
The Game Changer – The California Bill of Rights
August 27, 2012
by T. Robert Finlay, Esq.
Oregon and Washington Courts Create an Uncertain Future for Non-Judicial
Foreclosures in the Region
August 27, 2012
by T. Robert Finlay, Esq.
Lona v. Citibank - Unconscionable or Oppressive Loan Origination
Spring 2012
by Jonathan M. Zak, Esq.
Danger – Beware of Probate Fees and Costs
UTA Quarterly
September 2011
by T. Robert Finlay, Esq.
Have you ever been forced to pay pre-foreclosure HOA dues?
UTA Quarterly
September 2011
by T. Robert Finlay, Esq.
To Preempt or Not to Preempt: That is the Question that Courts are Facing
with California Civil Code Section 2923.5
Spring 2011
by T. Robert Finlay, Esq. and Ruby J. Chavez, Esq. for UTA – United
Trustees Association
Complying with AB 284.
UTA Quarterly
Winter 2011
by Robin P. Wright, Esq.
Ruling Could Shield Lenders – Eviction Judgment Offers Protections
HousingWire
January 2011
by T. Robert Finlay, Esq. and Madeleine Lee, Esq.
Does the "As Is" Clause and California's Disclosure Exemption
Protect an REO Sale From Non-Disclosure Liability?
REOMAC Update
September / October 2010
by Jonathan M. Zak, Esq. and William Idleman, Esq.
The Mabry Tale Has Come To Its End
UTA Quarterly
Fall 2010
by T. Robert Finlay, Esq. and Jennifer A. Johnson, Esq.
The Mabry Hurdle
REO Insider
September 2010
by T. Robert Finlay, Esq. and Jennifer A. Johnson, Esq.
Nevada Court Confirms MERS' Authority to Substitute Trustee, But Questions
MERS' Authority to Execute an Assignment
UTA Quarterly
Summer 2010
by Robin Prema Wright, Esq.
When Does a Mistaken Bid Warrant Setting Aside The Foreclosure Sale
UTA Quarterly
Summer 2010
by T. Robert Finlay, Esq. and Kiran Sharma, Esq.
The New Wave of Litigation – Challenges to Trustee's Sales Under
Civil Code Section 2932.5
UTA Quarterly
Summer 2010
by Richard Simpson, Esq.
Just How Final are Bankruptcy Sales "Free and Clear"
CLTA Claims Awareness Hot Sheet
July 2010
by Donna La Porte, Esq.
Reformation: A Proposition to Consider When a Former Trustee Conducts a
Foreclosure Sale
UTA Quarterly
Spring 2010
by T. Robert Finlay, Esq. and Kiran Sharma, Esq.
San Diego County Ordinance
UTA Quarterly
Spring 2010
by Jonathan M. Zak, Esq.
Orange County, California Mandatory Mediation Program Into Effect On Foreclosure-Related Lawsuits
UTA Quarterly
Spring 2010
by T. Robert Finlay, Esq.
A California-Brewed Recipe for Litigation
Servicing Management
March 2010
by T. Robert Finlay, Esq.
Does the Litigation Privilege Shield a Debt Collector From Liability Under
California's Rosenthal Act?
UTA Quarterly
Fall 2009
by T. Robert Finlay, Esq. and William J. Idleman, Esq.
The D'oench, Duhme Doctrine: Creating A Super Holder In Due Course Defense
For Claims Arising Out Of Assets Passed Through The FDIC
UTA Quarterly
Fall 2009
by Jonathan M. Zak, Esq. and James Ramos, Esq.
MERS – The Good, The Bad & The Ugly: The Current Legal Atmosphere
Surrounding the Mortgage Industry's Most Beloved "Nominee" Beneficiary/Mortgagee
UTA Quarterly
Winter 2009
by T. Robert Finlay, Esq. and Nicholas G. Hood, Esq.
The Benefits of Appointing a Receiver in Today's Foreclosure Crises
UTA Quarterly
Winter 2009
by T. Robert Finlay, Esq. and Amy Y. Song, Esq.
What Is 2923 Doing To Us Now?
UTA Quarterly
Winter 2009
by T. Robert Finlay, Esq. and Christina D. Rovira, Esq.
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