Hood & Lay, LLC

Hood & Lay, LLC Alabama Consumer Lawyers Rhonda Hood and Ken Lay are consumer lawyers focused on creditor abuse and foreclosure defense litigation. Rhonda and Ken are graduates of Max Gardner’s “Securitization and Servicing Boot Camp”.
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Rhonda is also a graduate of Max Gardner’s “Bankruptcy Boot Camp”. They maintain a heavy volume of wrongful foreclosure cases and creditor abuse cases in the State of Alabama, litigating in state court, federal court and bankruptcy court.

Operating as usual

12/21/2020

Today, HUD announced a moratorium on foreclosures of HUD backed mortgages until February 28, 2021. This is a longer extension than for GSE loans. “The moratorium applies to the initiation of foreclosures and to foreclosures in process."

https://www.housingwire.com/articles/wells-fargo-settles-with-philadelphia-over-discriminatory-lending-allegations/
12/16/2019
Wells Fargo settles with Philadelphia over discriminatory lending allegations - HousingWire

https://www.housingwire.com/articles/wells-fargo-settles-with-philadelphia-over-discriminatory-lending-allegations/

Back in 2017, Philadelphia sued Wells Fargo, claiming the bank engaged in discriminatory lending. The bank denied the city’s “unsubstantiated accusations” and claimed it would “vigorously defend” itself against the allegations, but 18 months later, the bank is settling with the city.

Ditech Deal With Homeowners Paves Way for $1.8 Billion Sale
09/11/2019
Ditech Deal With Homeowners Paves Way for $1.8 Billion Sale

Ditech Deal With Homeowners Paves Way for $1.8 Billion Sale

Bankrupt mortgage servicer Ditech Holding Corp. cleared the way for the $1.8 billion sales of its businesses by agreeing on Tuesday to preserve some homeowner claims like the right to fix mistakes on their loans.

National Consumer Law Center
09/10/2019
National Consumer Law Center

National Consumer Law Center

"I will repeat myself until I’m blue in the face: Credit monitoring isn’t worth it. It doesn’t prevent identity theft," says NCLC attorney Chi Chi Wu. "And all of this credit monitoring money is going to Experian credit bureau! So why is the FTC deliberately driving people and putting in barriers to line the pockets of Experian?"

Garrity wrote in his decision that Ditech failed to satisfy sections of the bankruptcy code by limiting homeowners’ abil...
08/29/2019
Ditech Sale Blocked by Homeowner Claims of Botched Mortgages

Garrity wrote in his decision that Ditech failed to satisfy sections of the bankruptcy code by limiting homeowners’ ability to assert their rights against the buyer, as well as other issues. “For those reasons, the Debtors’ request for confirmation of the Second Amended Plan is denied,” Garrity wrote in his decision.

Bankrupt mortgage servicer Ditech Holding Corp. saw its reorganization plan rejected on Wednesday after a federal judge ruled the company couldn’t sell its mortgage-servicing rights and reverse-mortgage business free and clear of consumer claims.

08/28/2019

The Alabama legislature recently amended the statute regarding District Court jurisdiction. The amendment will significantly change the procedure for lawsuits filed in District Court.

Beginning September 1, 2019, the jurisdictional limit in District Court will increase from $10,000.00 to $20,000.00. That means that cases can be brought in District Court in which recovery being sought is $20,000.00 or less. The amendment also creates “concurrent jurisdiction” between District Courts and Circuit Courts. Essentially, if Plaintiff seeks an amount between $6,000.00 and $20,000.00, the Defendant can “remove” the case to Circuit Court, requesting a jury trial.

If the Defendant wants to remove a case to Circuit Court, it must do so within thirty (30) days from the date of service. A word of caution: Removal to Circuit Court by a Defendant automatically eliminates the $20,000.00 jurisdictional limit on damages.

Therefore, if a Defendant elects to remove the case to Circuit Court, and requests a jury trial, recovery is no longer limited to $20,000.00.

The ABA House of Delegates on Tuesday approved a resolution encouraging courts and bar associations to review their poli...
08/28/2019
116

The ABA House of Delegates on Tuesday approved a resolution encouraging courts and bar associations to review their policies on the use and admittance of cellphones in courthouses.

Resolution 116, which passed overwhelmingly by delegates at the ABA Annual Meeting in San Francisco, asks that these policies balance security risks posed by cellphone use with the needs of litigants, particularly those who represent themselves.

The Litigation Section, which sponsored the resolution, also opposes policies that unduly burden litigants or force litigants to leave their cellphones in locations outside of the courthouse that are unsecure or charge a storage fee.

Diversity and Inclusion Goal III Report Evaluating representation and demographics are critical actions in the legal profession. The Diversity and Inclusion Center has just published the 2019 Goal III Report, which provides an overview of the demographics of the ABA's volunteer leaders.

Want to Fight Foreclosure? Good Luck After Ditech’s Bankruptcy
08/28/2019
Want to Fight Foreclosure? Good Luck After Ditech’s Bankruptcy

Want to Fight Foreclosure? Good Luck After Ditech’s Bankruptcy

More than 4,000 homeowners have complained to federal agencies in the past year about Ditech Financial LLC, including allegations that the bankrupt mortgage servicer failed to properly credit payments and wrongly foreclosed on their homes.

06/11/2019

The U.S. Court of Appeals for the Eleventh Circuit is seeking public comment on whether to reappoint four U.S. Bankruptcy Court judges in Alabama and Florida, Law.com reported. All four are on 14-year terms expiring in early 2020. All four are up for another 14-year term. “Upon reappointment, the incumbent would continue to exercise the jurisdiction of a bankruptcy judge as specified in United States Code title 28, United States Code title 11, and the Bankruptcy Amendment and Federal Judgeship Act of 1984,” the Eleventh Circuit said on Friday. “In bankruptcy cases and proceedings referred by the district court, the incumbent would continue to perform the duties of a bankruptcy judge that might include holding status conferences, conducting hearings and trials, making final determinations, entering orders and judgments, and submitting proposed findings of fact and conclusions of law to the district court.” The Eleventh Circuit invited “members of the bar and the public” to “to submit written comments for consideration by the Court of Appeals concerning the reappointment.” Comments must be sent to Circuit Executive James Gerstenlauer, Eleventh Circuit Court of Appeals, 56 Forsyth St., N.W. Atlanta, GA 30303. The deadline is July 22.

06/03/2019

Hospital Lien Legislation Signed by Gov. Ivey

A new hospital lien statute was signed by the Governor and is now law. The new statute provides that unless the hospital’s contract with the insurer requires otherwise, the hospital must file on the patient’s insurance before filing the lien, and must provide all contractual allowances in favor of the patient.

The new law also changes where the lien is to be filed and provides the lien is filed in the county where the hospital provided the services.

Whiskey Myers
11/16/2018
Whiskey Myers

Whiskey Myers

Birmingham, AL! We’ll see ya’ll January 24th at Iron City! Tickets are on sale now.

Private Collection of Some Overdue Federal Taxes Starts in April Those Affected Will Hear First From IRS IRS Will Still ...
12/18/2017
Private Collection of Some Overdue Federal Taxes Starts in April Those Affected Will Hear First From IRS IRS Will Still Handle Most Tax Debts | Internal Revenue Service

Private Collection of Some Overdue Federal Taxes Starts in April Those Affected Will Hear First From IRS IRS Will Still Handle Most Tax Debts https://t.co/NIrsOICeMj

IR-2017-74, April 4, 2017 — Starting this month, the IRS will begin sending letters to a relatively small group of taxpayers whose overdue federal tax accounts are being assigned to one of four private-sector collection agencies.

Miami Judge Threatens Major Mortgage Company Lawyers With Criminal Charges for Hiding Documents  https://t.co/FhOxLzHzhh...
12/18/2017
Miami Judge Threatens Major Mortgage Company Lawyers With Criminal Charges for Hiding Documents

Miami Judge Threatens Major Mortgage Company Lawyers With Criminal Charges for Hiding Documents https://t.co/FhOxLzHzhh via @miaminewtimes

Ditech, one of America's largest home-loan companies, achieved fame in the 1990s with TV commercials that showed its competitors complaining they had "lost another loan to Ditech." The company largely vanished during the 2008 housing crisis but has since rebounded and remains one of the largest mort...

09/21/2017

Retweeted Montgomery VLP (@MontgomeryVLP):

TODAY is a FREE LEGAL CLINIC at 3pm @ Community Action Center, 1100 Adams Avenue. Please be present by 4:30 p.m. No appointment is necessary

09/20/2017

Retweeted Justice Don Willett (@JusticeWillett):

Please RT & spread the word.

This legal aid hotline connects low-income Floridians impacted by Hurricane Irma w/ free legal help. https://t.co/Ls5oTeoBM0

09/01/2017
acis.alabama.gov

We are happy to share an appellate victory with you in our battle with Wells Fargo and other lenders. Today, the Alabama Supreme Court released its opinion in Ex parte Trenton Turner, Jr., and Donna Turner holding that lenders must strictly comply with notice requirements as a contractual condition precedent to acceleration of a mortgage debt. This is a huge victory for a mortgage borrowers' Strict Compliance Defense regarding breach letters in Alabama. In this case Wells Fargo failed to send our clients a notice that strictly complied with the requirements of paragraph 22 of the" industry standard Freddie/ Fannie form" mortgage. Nonetheless, Wells Fargo proceeded with nonjudicial foreclosure on the property in 2012 and filed suit to eject our clients, the Turners. The Turners hired our firm to defend the suit. We argued Wells Fargo failed to prove strict compliance with the notice requirements of with paragraph 22 as a condition precedent to acceleration and foreclosure. Wells Fargo argued that Alabama law only requires substantial compliance with the notice provision, and the trial court agreed. The Alabama Court of Civil Appeals affirmed the ruling. We then petitioned the ruling to the Alabama Supreme Court, which granted our Writ and reversed the lower court holding that "Wells Fargo failed to provide the Turners with proper notice under the mortgage. Accordingly, because Wells Fargo failed to comply with the requirements of the mortgage, the mortgage sale conducted on February 27, 2012, failed." This has been a long hard fight. Ring the victory bell for Ken Lay and his great work!

https://acis.alabama.gov/displaydocs.cfm?no=823389&event=5030LBUNV

Address

1117 22nd St S
Birmingham, AL
35205

Telephone

(205) 323-4123

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Comments

Ken, so proud of what you did re Judge Moore years ago. Happy I hired you--you made me proud. Let me know how you are doing. Live, Ruth.
Your an awesome firm. Helped me before. I need assistance defending myself against Legal services alabama who has monopolized all state funded lawyer assistance. Theres no way to win against them with their unlimited funding. Theyre willing to go against all ethics to win cases. Theres got to be help for the children suffering as a result of their unfair tactics. Theres gotta be hope for the children and dads. [email protected]