Remote Hearings & Trials One Year into the Pandemic - USFN
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SPRING 2021
Remote Hearings & 8 e-Signatures & e-Notaries
The status of the changing landscape
Trials One Year into
and a shift to sustainable practices
12 Statute of Limitations
the Pandemic
New York landscape has changed, but
litigation persists
PAGE 6 14 New Lender Protection
Texas added protections to lenders
from statute of limitations defenses
OFFICIAL USFN PUBLICATION
USFN REPORT SPRING 2021
Upcoming USFN Events From the President
USFN REPORT
April July October KIP BILDERBACK, ESQ.
Legal Issues Seminar USFN Briefing
SPRING 2021
28 Member Town Hall 13 July 13-14 (Online) 26 Diversity & Inclusion
MILLSAP & SINGER, LLC
May USFN Briefing
In This Issue
27 Bankruptcy November Welcome to the end of winter and the beginning of
Speaker Resource spring. With spring comes hope. Hope for warmer days.
11 Group Webinar 16
USFN Briefing Features Hope that vaccinations will allow us to slowly emerge
August Legal Issues
from our personal levels of isolation. Hope that, as the
USFN Briefing USFN Briefing Status of Remote Hearings and 6 economy reopens, our industry can begin a return to
18 Legal Issues 24 Legal Issues Trials One Year into the Pandemic whatever normal shall look like in 2021 and beyond.
June September Endemics, eSignatures and eNo-
taries: The Status of the Changing
8 As of this writing, the moratoria have extended until the
end of June. USFN is coordinating with other industry
USFN Briefing Landscape
15 REO/Eviction 21 USFN Briefing Meeting/Seminar organizations to communicate the exigencies facing law
REO/Eviction Online Event firms and our industry during the moratoria and after.
We have been able to participate with the MBA on their
Go to usfnevents.org for details on all USFN events.
State Articles joint efforts with industry participants in obtaining longer
timeframes to first legal deadlines on FHA loans.
New York: Statute of Limitations
Change, But Litigation Persists 12 From a programming standpoint, USFN is looking to
USFN BOARD OF DIRECTORS USFN STAFF New York: The Law of Acceleration the future, and a return to “in person” meetings (may-
and De-Acceleration 13 be with some distance experiences thrown in, just for
Kip J. Bilderback, Esq. James E. Clarke, Esq. Pamela L. Donahoo, CAE fun instead of necessity). For now, we still have a large
Chief Executive Officer Texas: Added Protections to Lenders
President Roy A. Diaz, Esq.
Aaron Wolowiec, CAE from Statute of Limitation Defenses 14 number of opportunities for our members, associate
members, and our mutual clients, to enjoy learning and
Wendy (Walter) Lee, Esq. Thomas P. Dore, Esq.
Sr. Director, Education & Strategy networking. For example, while we are planning a trium-
Vice President Sally E. Garrison, Esq. Connecticut: Appellate Court Deci-
Lisa A. Lee, Esq. Hilton T. Hutchens, Esq. Tracy Vecchio, CAE sion Limits Jurisdiction Challenges 16 phant return to Chicago in 2022, we are executing on
Director, Membership & Marketing another great Legal Issues seminar for July 2021, with a
Secretary Jay B. Jones, Esq.
Illinois: No FDCPA Harm, No FDCPA two-day, online format, including great speakers, panels,
Lance Olsen, Esq. Brigham Lundberg, Esq. Jeff Loy
Manager, Publications & Communications Foul 20 and Continuing Legal Education credits. We will have a
Treasurer/CFO Andrew W. Saag, Esq.
Christina Myers Member Town Hall on April 28, to allow all our members
Marty M. Stone, Esq. Shellie Wallace, Esq. Operations Manager to commiserate on the state of the industry and the
Immediate Past President
Pamela L. Donahoo, CAE
Jeffrey D. Weisserman, Esq.
Daniel A. West, Esq.
Kristi Payne
Communications & Events Coordinator
Connections organization, looking forward into 2021 and beyond. With
an eye towards future opportunities, we will be kicking
CEO Robert J. Wichowski, Esq. Upcoming Events 2 off our Speaker Resource Group, giving new and estab-
Member Moves + News 4 lished industry speakers and opportunity to hone their
skills in a collaborative environment. Last, but not least
22
USFN is a resource network serving the mortgage industry and is the largest not-for-profit associa-
How to Reach Us Member Directory we will have a new edition of our popular Learning Lab.
tion of law firms and trustee companies in the nation. More information about USFN is available at
www.usfn.org. Please send questions and So, hope springs eternal at USFN! We will roll through the
USFN Report is published quarterly for members of the mortgage banking and lending community. comments to USFN:
The USFN Report contains comments from counsel in various states, and the information provided spring, and into the summer, making lemonade from the
is not intended as legal advice. The comments are solely those of the identified authors and may or
Jeff Loy
lemons of the past year. As always, if there is anything
may not be the same as other attorneys within USFN. Specific questions should be referred to local Manager, Publications & Communications
counsel who is familiar with the laws, rules, practices and interpretations of the particular jurisdic- we can do for you, as a member, as an associate mem-
9001 Airport Freeway, Suite 740
tion. Because of the complexities of the law, and changes in legislation, the summary and discussion *Denotes firm is a 2020 Award of Excellence recipient ber, as a client of our members, please reach out!
contained in the USFN Report should not be relied upon but should be used for facilitating dialog North Richland Hills, TX 76180
Opinions of the authors and/or material may not reflect the views of
with your counsel, after a careful review of the legislation and cases to which reference is made. (817) 770-0818 or (800) 635-6128
USFN and its membership. Stories written by non-members or guest
© Copyright 2021 USFN jloy@usfn.org/www.usfn.org authors are not an endorsement of any particular product or service.
All Rights Reserved
SPRING 2021 | 3
Member Moves + News
#Adapt
With the help of Aldridge Pite, LLP Initiative (ALI). As a Fellow, Linda plans Stay current with USFN updates
(USFN Member - AK, CA, FL, GA, HI, on turning what she has learned over and news on our LinkedIn page:
her lifetime into meaningful change for https://www.linkedin.com/com-
Open the door to savings with
ID, NY, OR, UT, WA), the Metro Atlanta
Area Command Angel Tree Program others. She is passionate about mak- pany/usfn-amba
our customizable, scalable,
was able to serve 3,350 families and ing civil justice more accessible and
fulfill over 7,750 angels. Over 6,500 affordable for all people. Linda looks
secure, and compliant onshore
hours were recorded as volunteers forward to joining the thought leaders
helped behind the scenes at the at Harvard and her other ALI cohorts
outsource solutions.
warehouse as well. Angels and Silver to make the legal system better for all
Bells received gifts and Christmas people.
stockings valued at $694,000. Mone- Scott & Corley, PA (USFN Member - SC)
tary donations were also received at is pleased to announce that Managing
approximately $22,240. Community Attorney, Reginald “Reggie” P. Corley,
involvement is the foundation for the and Attorney Jordan D. Beumer are learn more
Salvation Army’s success and A|P is
a360inc.com/outsource
co-principal authors and editors of the
proud to be a part of this amazing recently released Fourth Edition of the USFN Members and
program for ten consecutive years. South Carolina Foreclosure Law Man- Associate Members may
Linda Orlans of Orlans PC (USFN ual a publication by the South Carolina send possible items for the
Member - DC, DE, MA, MD, MI, NH, Bar Association. Additionally, we are “Member Moves + News”
RI, VA), Executive Chair, has accepted pleased to announce that Senior Bank- section to Jeff Loy at
an invitation to join Harvard Uni- ruptcy Attorney, Louise M. Johnson, is a jloy@usfn.org.
versity’s 2021 Advanced Leadership contributing author to this publication.
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4 | SPRING 2021 SPRING 2021 | 5
Utah • All court proceedings are han- hearings and away from requiring
dled remotely; the use of Court Call for remote
BY BENJAMIN J. MANN, ESQ.
• If a hearing or trial must be attendance. Each court has their
HALLIDAY, WATKINS & MANN, PC own preferred platform although
conducted in person, judges
USFN MEMBER (CO, ID, MN, MT, NE, are encouraged to continue Google Meet seems most prevalent
ND,SD, UT, WY) hearings; and throughout the state. New Mexico
courts have been setting up the
As a result of stay-at-home orders • No civil jury trials. invitation on their own and circu-
connected to the COVID-19 pan- lating the appropriate link to the
demic, courts have had to adapt Almost all hearings in Utah are parties in advance of the hearing.
their current procedures. Nowhere being conducted via Webex. No It should be noted that while the
is this more evident than in eviden- jury trials are being held in a United States Bankruptcy Court
tiary hearings and jury trials. Utah county where “Red Phase” condi- for the District of New Mexico has
courts are, absent “exigent circum- tions are in effect and judges are allowed telephonic appearance at
stances”, conducting all evidentiary instructed to liberally grant mo- preliminary hearings, it has other-
hearings, trials and appellate hear- tions for extensions of time. Ad- wise “highly encouraged” in-person
ings via Webex. The specific logisti- ditionally, the courts have been attendance for both attorneys and
cal instructions for courts and liti- receptive to motions to continue witnesses at final evidentiary hear-
gants are governed by a “Risk Phase rather than dismiss matters for ings. Attorneys wishing for them-
Response Plan.” The risk phases are lack of prosecution. selves or their clients to appear
“Green (new normal) “, “Yellow (low via video in bankruptcy court must
In terms of submitting evidence,
risk)” and “Red (moderate or high submit a request for video appear-
it is introduced in PDF form and
risk) “. Court facilities are in differ- ance no less than two weeks in
all documents should be individ-
ing phases (currently Yellow or Red) advance of the final hearing date.
ually bates-stamped. Stipulations
based on county-level COVID rates. Introduction of evidence at video
ahead of time regarding admissi-
Green Phase Response Plan bility, authentication, designation hearings has been through either
6 Summary: of documents, etc. are extremely a screen share or exhibit notebook
helpful and strongly encouraged. submission prior to the hearing
• In-Person Hearings are allowed;
Webex allows screen-sharing so depending on the preference of
• Remote Hearings can be consid- that all parties can view a docu- the court. As COVID infection rates
ered when it is the most effective ment at the same time. However, continue to fall, New Mexico at-
use of time and resources; and most trial judges do not use this torneys are expecting a return to
• Courts will continue to consid- feature, and instead pull up and normal in-person attendance in the
er the needs and requests of view exhibits and attachments on summer or fall of 2021.
As nearly every institution has done during the pandemic, courts vulnerable persons and provide their personal computer on an
New York
Status of
reasonable accommodations. as-needed basis. Witnesses tes-
across the country continue to adapt to keep the wheels of
Yellow Phase Response Plan tify remotely, which can create BY MICHELLE MACCAGNANO, ESQ.
justice moving. While judges, attorneys, and witnesses continue some logistical difficulties when
to learn to use technology to work remotely during the COVID-19 Summary: FRENKEL LAMBERT WEISS WEIS-
Remote
the witness needs to review a
crisis and effectively handle hearings and trials, some courts are • Courts are encouraged to con- MAN & GORDON LLP*
document. Screen-sharing is
starting to return to in-person hearings and in-person jury trials duct remote proceedings as usually necessary here, and this USFN MEMBER (FL, NJ, NY)
while following strict adherence to health and safety protocols much as feasible. In-person can slow the proceedings down.
Hearings &
hearings can only be held if the COVID-19 has had a huge impact
established by the Center for Disease Control (CDC). on the New York courts. There has
hearing can be conducted in a New Mexico been little movement of foreclo-
States have varying requirements, each based on their individual safe social distancing manner;
Trials One
BY JASON BOUSLIMAN, ESQ. sure cases in New York and the
court system, as to what is allowed; and USFN member firms • Social Distancing in common ar- slow pace is expected to contin-
MCCARTHY HOLTHUS, LLP
around the country are up to date on the current status of their eas, workspaces and courtrooms; ue due to the enactment of the
USFN MEMBER (AZ, AR, CA, CO, ID,
Year into the
courts. In Utah, New Mexico, New York, Louisiana, and Florida • Courtrooms may have new ca- COVID-19 Emergency Eviction and
NV, NM, OR, TX, WA)
the courts are open, and slowly but surely, moving forward with pacity limits based upon the size Foreclosure Act, signed into law on
some foreclosure cases. of the room; and In New Mexico, the majority of December 28, 2020. Despite the
stays and moratoriums, the courts
Pandemic
• Face covering is required for civil hearings, bench trials, and
BY JANE E. BOND, ESQ. mediations continue to be held have adapted, and cases are mov-
court patrons and staff.
MCCALLA RAYMER LEIBERT PIERCE, LLC* via Zoom, Microsoft Teams or ing forward.
USFN MEMBER (AL, CA, CT, FL, GA, IL, MS, NJ, NV, NY, OR, TX, WA)
Red Phase Response Plan Google Meet. At the outset of (continued on page 10)
Summary: COVID-19, the Land of Enchant-
• All restrictions that apply to Yel- ment moved quickly and ag-
low Phase, apply to Red Phase; gressively away from in-person
SPRING 2021 | 7
signatures and make sure that electron- employer used to ensure that the credit profile. I was asked to provide
ic signatures can be used in the default employee who is claimed to have front and back copies of my driv-
process. While we are still in a very paper signed was the one who executed er’s license, which was likely quickly
heavy world in foreclosure, this pandemic on behalf of the company. The audit validated against state driver’s license
certainly accelerated certain movements trails that are contained within many records and it allowed me to make
to virtual practice and emergency orders of the industry leading programs are a correction on the document in real
and statutes were promulgated and en- strong, are being tested in courts and time before the notarial stamp was
acted to allow less paper. These author- are successfully defeating claims electronically affixed by the notary.
ities usually charge on a subscription when one side asserts that they The entire process was documented
basis. Some are monthly or yearly, others didn’t sign the contract.3 via video recording and it cost me $40.
will be bundled with the licensing fee of States are limiting which RON plat-
a particular software such as DocuSign, eNotarizations
forms can be used and each has its
Adobe, Nuance, and others. The growth of state adoption of
own list. Many providers are working
When shopping for digital signature soft- legal processes has been remark-
to get on those lists and shopping for
ware important considerations should able during the pandemic. Through
the platform can be a bit confusing
include: a combination of statute, executive
and chaotic at the moment. The state
order and actual need, the map of
1. Multi-factor authentication of us- offices who are administering the
the US is now almost fully colored
ers accessing the tool: some of the program are suffering from work from
in with coverage for remote online
more sophisticated tools are utilizing home delays and state employees
notarization processes4. Federal
knowledge-based assessments and are trying hard to keep up with the
legislation, namely the Securing and
picking questions from credit reports changes in their operations along with
Enabling Commerce Using Remote
like Equifax and other credit reporting the changes in the law. The dust will
and Electronic Notarization Act of
agencies. settle on all of this and in a few years
2020 (SECURE Notarization Act)5, was
from now we will be doing most of
2. Audit trails contained within the tool: if proposed in March 2020. The leg-
our notarial actions via at a minimum
the audit trail is being stored separate islation was designed to put a floor
electronic and likely remote means.
8 from the electronically signed docu- into place, allow every US based
ment, how does the company access notary to perform Remote Online For additional information on the
the trail and for how long will that Notarial (RON) acts, it would require standards being employed by loan
service be made available? multi-factor authorization, allow originators to comply with GSE re-
signers outside of the US to utilize quirements, check out the Fannie Mae
Endemics, eSignatures & eNotaries: The
3. Where is the information stored: Selling Guide.6 These can be a useful
RON (thinking military personnel and
Allowing the storage of the document guiding post for what to expect as
their families). There hasn’t been for-
and/or the audit trail on your system
Status of the Changing Landscape
ward progress outside of the com- these processes move into the default
of choice so that the provider doesn’t servicing realm.
mittee assignment for the bill but
have control or extract extra charges
given the amount of work Congress 1
How well will vaccines work? The Econo-
for the storage of the signed docu-
BY WENDY LEE, ESQ. has had to do because of the emer- mist, February 13th-19th 2021
ment.
MCCALLA RAYMER LEIBERT PIERCE, LLC* gency declaration it’s not a surprise. 2
(a) In General. To satisfy the requirement
USFN MEMBER (AL, CA, CT, FL, GA, IL, MS, NJ, NV, NY, OR, TX, WA) 4. What information is stored within However, this back-burner project is of authenticating or identifying an item of
the audit trail: The audit trail should highly likely to re-emerge. evidence, the proponent must produce evi-
Given that we’ve been living with be a focus for many employers into identity of the signer. Though eSignatures contain basic information such as the dence sufficient to support a finding that the
There are some hurdles to full
COVID-19 for over a year at this point the next few years while we work to have been legal for more than 20 years identity, date, time and IP location of item is what the proponent claims it is.
adoption across all states. Many
and given that it is not likely that our strengthen the vaccine programs in this due to the Uniform Electronic Transac- the computer where the document
are going to wait until that occurs 3
IO Moonwalkers, Inc. v. Banc of Am. Merch.
nation’s vaccine program will erad- country and around the world. Strong tions Act (UETA) and the eSign Act, there was stored. Other important, helpful
before implementing the process. Servs., LLC, 258 N.C. App. 618, 814 S.E.2d 583,
icate the disease, it is important to and secure electronic signatures and is a significant move into the world of features would include the amount
I recently obtained my electronic 2018 N.C. App. LEXIS 314, 2018 WL 1597441
start shifting our thinking away from remote notarization programs will pro- more secure digital signatures. A digital of time that was spent reviewing the
endorsement on my notary license. I and Moton v. Maplebear Inc., 2016 U.S. Dist.
emergency reactive policies into vide a safe and efficient tool for a more signature will require the creation of a document before it was signed/closed.
have used RON procedures for some LEXIS 17643, 2016 WL 616343 (S.D.N.Y. Feb. 9,
long-term sustainable practices that modern default servicing practice for digital certificate that is secure and veri- In addition to eSign and state UETA laws, documents I needed to notarize 2016)
will acknowledge that there is a new servicers, law firms, and trustees alike. fiable. When the digital certificate is used when these signatures need to be proven utilizing an online platform. It took
disease, it is endemic and it isn’t going on a document, it imbeds a code into
4
https://www.mba.org/audience/state-leg-
in the context of a foreclosure case if me less than five minutes to dial up
away completely this year1. To that end, eSignatures the document, and it can also encrypt challenged by opposing counsel or even a remote notary utilizing an app and
islative-and-regulatory-resource-center/
we should consider the need to have the document to make it secure and remote-online-notarization
Electronic signatures, otherwise known a judge, we can look at Federal Evidence my phone. The platform multi-fac-
strong digital signature processes and as eSignatures, is a broad catego- incapable of being altered after the digital Rule 901 “Authenticating or Identifying tor authentication asked about an 5
Senate Bill: https://www.congress.gov/
begin to adopt electronic and remote ry describing a method for signing a signature is affixed. Evidence”2 as the guiding standard. The address I lived at during college, the bill/116th-congress/senate-bill/3533
notarization practices where allowed document. A digital signature is an Servicers and firms should be engaging standard isn’t high, but it must be ex- address of my first house, and other and House Bill: https://www.congress.
in the United States. Remote working eSignature, but it often uses very spe- with digital certificate authorities to enroll plained in a contested case how the sig- very specific information that con-
and reducing in person contacts will cific secure technology to validate the nature was validated and the process the nected me to what was likely my (continued on page 11)
employees, create and maintain digital
8 | SPRING 2021 SPRING 2021 | 9
Remote Hearings & Trials ana courts are conducting electron- Florida Denying requests to stay cases and tiary hearings. For evidentiary hear- e-Signatures & eNotaries
ic/virtual hearings in order to allow Lack of Prosecution notices are ings and trials, courts will vary, and
Continued from Page 7 for safe participation by all parties.1
BY JANE E. BOND, ESQ.
now becoming more frequent with many will start to require in-person
Continued from Page 9
Federal Courts have mandated the MCCALLA RAYMER LEIBERT PIERCE, no movement on pending cases hearings as the pandemic wanes. gov/bill/116th-congress/house-
Appellate courts have been hearing
use of electronic hearings until further LLC* for over one year. As the morato- bill/6364?s=1&r=63
matters virtually using video con- 1
Supreme Court of Louisiana Order of Feb-
ferencing primarily through Micro- notice2 and while these hearings are USFN MEMBER (AL, CA, CT, FL, GA, IL, ria continue, servicers will need to 6
https://selling-guide.fanniemae.com/
ruary 11, 2021 (Prohibiting jury trials until April
soft Teams. The attorney logs into reducing the number of in-person MS NJ, NV, NY, OR, TX, WA) start making the choice whether to Selling-Guide/Doing-Business-with-Fan-
1, 2021 and encouraging the continued use
the video conference, in advance of court appearances, there are chal- move forward with a case or dismiss nie-Mae/Subpart-A2-Lender-Contract/
of remote hearings to reduce the spread of
the scheduled time to check in and lenges inherent in such proceedings Florida hearings and trials are con- a case as there may be no other Covid-19); Supreme Court of Louisiana Order
Chapter-A2-4-Loan-Files-and-Records/
and new requirements which prac- tinuing on remote platforms, with option. Keep in mind, attorneys’ fees Section-A2-4-1-Establishment-Owner-
ensure that he/she is properly con- of January 11, 2021 (Prohibiting jury trials
titioners must be aware of before ship-Retention-/1645975221/A2-4-1-03-
nected. Once checked in, the attorney specific Judges requesting in-person may be due to opposing counsel until March 1, 2021 and encouraging the use
making a virtual appearance. Electronic-Records-Signatures-and-Trans-
waits in a virtual lobby until their case hearings. Upon request by a party, the upon the dismissal of a case, if a re- of remote hearings to reduce the spread of
actions-10-07-2020.htm?SearchType=SF
is called. Oral arguments are still re- Many courts have developed rules Judges will usually allow a remote ap- sponsive pleading was filed. This can Covid-19). https://selling-guide.fanniemae.com/
corded and available for review online specifying how to submit evidence pearance if, due to COVID-19, there is be costly to the servicer, a risk factor Selling-Guide/Doing-Business-with-Fan-
2
Amended General Order 2020-2 “All
and attorneys are still expected to for electronic/virtual hearings. Typ- an objection raised as to safety. Fore- that should be considered before nie-Mae/Subpart-A2-Lender-Contract/
hearings in this District will take place by
be dressed appropriately despite the ically, evidence must be submitted closure trials are moving forward on dismissing a case. Chapter-A2-4-Loan-Files-and-Records/
teleconference, or by videoconference when
virtual format. electronically prior to the hearing date remote platforms with some learning Section-A2-4-1-Establishment-Owner-
New issues will arise in 2021 as necessary, until further notice.” Eastern Dis-
All lower court matters are conduct- with copies provided to other parties. curve for all involved. Trials may take the moratoria continue to provide trict of Louisiana.
ship-Retention-/1645975221/A2-4-1-03-
ed by video conference via Microsoft It is recommended that attorneys give longer with the presenting of evidence Electronic-Records-Signatures-and-Trans-
homeowners relief under the pan-
Teams. Attorneys usually have the op- themselves ample time to prepare for on a shared screen, with some trials actions-10-07-2020.htm?SearchType=SF
demic. The remote platforms are a
tion of calling into the conference or hearings and to call the judge’s cham- taking up to six hours or more. welcome addition as an alternative
proceeding by video. Appearances are bers to determine how evidence is to
There are no moratoria in Florida on to in-person hearings and trials, THE AUTHORS THE AUTHOR
conducted in normal fashion before be submitted in that specific court.
the filing of a foreclosure or eviction, and many courts will continue the
the judge, referee or law secretary. A limiting aspect of virtual hearings other than the investor moratoria. remote hearings into the future with
The parties have the opportunity to is the impossibility to assess the Some judges in Florida are begin- or without the pandemic.
make arguments and respond to both demeanor of your witness. A recent ning to become less patient with the
their adversary and the court. Some Most agree, remote hearings are
example occurred during 341(a) ques- lengthy moratoria and are becoming L. Graham Jane Michelle Wendy
courts place the attorney in a virtual tioning of a husband and wife sus- here to stay for routine non-eviden- Lee, Esq.
concerned with the backlogs of cases. Arceneaux, Esq. Bond, Esq. Maccagnano, Esq.
lobby where they are forced to wait pected of hiding a creditor’s assets, Addressing a legislative committee
until the case is called, while others where pauses after questions and in January 2021, Florida Supreme
assign a specific time to the matter other cues made it apparent that the Court Chief Justice Charles T. Canady Recognized as the industry leader in process server management,
THE STRENGTH OF A TRUSTED SOURCE
which has helped in reducing wait husband was writing the answers for ProVest leverages industry expertise and technology to manage the
reported Florida courts are on track to IS BEST MEASURED BY THE DEPTH OF ITS ROOTS.
times in the virtual lobby. the wife to recite. This was a tele- service of process for companies specializing in default law. ProVest
dispose of 2.8 million cases this year will provide stability, soundness and security through financial
Virtual appearances in New York are phonic hearing and, without video, despite the pandemic, largely with the strength and investments in compliance, legal, audit, technology and
proceeding well overall, but the tech- this could not be proven. vendor management practices.
help of remote technology. But the
nology is not perfect, and glitches and Technical issues are also common in courts still expect to face 1.1 million
connectivity issues do occur. Despite remote platforms. Testing the video pending cases by the end of June, Headquartered in Tampa, Florida, ProVest offers nationwide service
these issues, which are occurring far and audio before appearing ensures with offices in 15 locations. ProVest works with some of the most
not counting an additional 145,000,
less frequently as time goes by, the noted and trusted legal firms, with a goal of continuing to streamline
any unexpected issues such as mak- pandemic-generated cases, including the manner in which documents are served and a focus on the
ability to practice law remains fair and ing an appearance as a cat! Attorneys evictions and foreclosures, accord- highest level of quality, speed and accuracy.
effective and of course, an over- can be deemed absent from elec- ing to Justice Canady. “When we get
whelming benefit of the new virtual tronic/virtual hearings and recorded to things that are more like normal, Services include, but are not limited to: Service of Process for
format is the elimination of travel time as making no appearance due to there’s going to be a pile of work,” he Foreclosure, Credit Collections, HOA/COA, and Insurance Litigation;
and commuting to court appearances. technical difficulties such as failure to Home Retention Services; Skip Trace solutions including Data
said. “It’s a challenge that’s not going
unmute audio. However, with all the Services, Heir and Military Searches plus borrowers Verification
to be met in just six months.” programs with Investigators on site; Court Services such as Document
Louisiana potential hazards of appearing virtu-
Retrieval; Early Stage Delinquency and Occupancy Verification.
ally, such appearances are beneficial To move their dockets, a few judges,
BY L. GRAHAM ARCENEAUX, ESQ. on their own initiative, are starting to
as they save both time and costs of STABLE SECURE Don’t settle for less than ProVest.
GRAHAM ARCENEAUX ALLEN, LLC send Notices of Trial without any par-
making in person appearances.
USFN MEMBER (LA) ty requesting the same. In response, 20+ YEAR
SOUND
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In Louisiana, litigation is taking place
motions to continue the trial are INDUSTRY EXPERIENCE
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General Orders issued by the Su- based on a Zoom hearing. An appeal is
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info@ProVest.com
preme Court of Louisiana authorize pending where the borrower claims the
times denied, as there seems to be
and encourage remote hearings in Zoom hearing prejudiced his right to 200+ NOTABLE LAW FIRM CLIENTS DATA PROTECTION
no uniformity even within the same COMPLIANCE & AUDIT
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10 | SPRING 2021
provided in the letter. And further,
the Court held that a foreclosure
Modifications, Motivations
Report: Foreclosure complaint that fails to plead that
the loan had been modified simi-
larly does not serve to accelerate
& Statements of Future
the mortgage debt. These aspects
Statute of Limitations Landscape Intent
of the landmark decision provide
additional relief to servicers inso-
far as they further limit the popu-
Drastically Changed in New York, The Law of Acceleration and De-
lation of loans potentially suffering
from a statute of limitations bar.
Acceleration in New York Foreclosures
But Litigation Persists
While the import of the deci-
sion cannot be understated for
servicers, investors, and their BY KEITH ABRAMSON, ESQ. | FRENKEL LAMBERT WEISS WEISMAN &
law firms, statute of limitations GORDON, LLP*
BY RICHARD P. HABER, ESQ. & BRIAN P. SCIBETTA, ESQ. | MCCALLA RAYMER LEIBERT PIERCE, LLC* litigation will not simply cease in USFN MEMBER (FL, NJ, NY)
USFN MEMBER (AL, CA, CT, FL, GA, IL, MS, NJ, NV, NY, OR, TX, WA) New York. Questions have already
arisen as to whether the volun- On February 18, 2021, the New York State Court of Appeals issued an opinion in four
The recent New creative arguments for tolling, There are three populations of tary discontinuance must occur cases involving the application of New York’s statute of limitations with respect to
York Court of resetting of the limitations period, loans that should be reviewed. within the initial six-year limita- mortgage foreclosure claims. This article focuses on the issues raised in two of
Appeals deci- de-acceleration and/or that the First, cases pending in the trial or tions period in order for Engel to those cases: Wells Fargo v. Ferrato and Vargas v. Deutsche Bank.
sion in Freedom loan was never accelerated in the appellate courts potentially need apply.
General Principles
Mortgage Corp. v. first place, based on the unique action, such as supplemental brief-
Issues also persist with cases that The central focus of the opinion in both Wells Fargo v. Ferrato and Vargas v. Deutsche
Engel, and three facts of any given case. ing or a new motion addressing the
were not voluntarily discontinued Bank is on the event of acceleration, a contractual right typically enjoyed by note-
related matters, impact of the Engel decision. Next,
by the lender, but rather were holders upon a default by the borrower, whereby the noteholder may demand
provided wel- you should look at any cases that
dismissed by the court for lack or immediate payment in full of the entire balance of the loan, and which permits the
come relief to servicers and inves- were dismissed on statute of lim-
tors. The central holding provides While the import of itations grounds to determine if the
prosecution or some other reason.
And, in concurring and dissent-
noteholder to commence an action seeking the remedy of foreclosure.
that the voluntary discontinuance Engel decision compels a different The option to exercise this contractual right (of acceleration) is typically a matter
of a foreclosure action automati- the decision cannot result, and whether it would still be
ing opinions issued in Engel, two
justices raised the question of
within the noteholder’s discretion and requires an “unequivocal overt act” such as
cally revokes the acceleration and timely to have that dismissal re- the filing of a foreclosure complaint demanding repayment of the entire outstand-
de-accelerates the debt, where the be understated for versed by either the trial or appel-
whether the right to revoke actu-
ing debt. Because a cause of action to recover the entire balance of the debt ac-
ally exists, something not directly crues at the time the loan is accelerated, it is the event of acceleration that triggers
filing of the foreclosure complaint
was the act of acceleration. servicers, investors, late court.
decided because that issue was the six-year statute of limitations to commence a foreclosure action.
Finally, consideration should be giv- not before the Court.
This is critical because a signifi- and their law firms, en to any loans where foreclosure Notwithstanding the inevitability
Wells Fargo v. Ferrato and Vargas v. Deutsche Bank each involves a dispute as to
whether, and when, a valid acceleration of the debt occurred, triggering the six-year
cant number of loans with statute was never started because there that litigation will continue, the
of limitations concerns follow that statute of limita- was previously no viable argument industry should nevertheless take
limitations period to commence a foreclosure claim.
fact pattern – a prior foreclosure or good faith basis to proceed. In joy in being on the right side of the Wells Fargo Bank N.A. v. Ferrato (Modifications and Motivations)
complaint that served to accelerate tions litigation will instances where the Engel decision Engel decision, and having leverage
the debt ultimately resulted in a now alters that analysis, foreclo- The central issue in Wells Fargo Bank v. Ferrato was whether the commencement of
voluntarily discontinuance. not simply cease in sure may again be an option.
in many situations moving forward.
either of two prior foreclosure actions, where the plaintiff sought to foreclose upon
the original note and mortgage – without reference to a 2008 loan modification –
If the loan was not separately
de-accelerated during the six-year
New York. In addition to the main holding, the
decision also overturns two Ap-
was sufficient to accelerate the mortgage debt.
period starting with the filing of the pellate Division rulings concerning THE AUTHORS The case at bar concerns no less than five foreclosure actions involving the same
earlier foreclosure complaint, and whether acceleration has actual- property, the last of which was commenced in December 2017. Ferrato moved to
a new complaint was either filed Much of that maneuvering will no ly happened. The Court held that dismiss the 2017 action, arguing that the debt was accelerated by the commence-
after the expiration of the six-year acceleration does not occur auto- ment of a prior foreclosure action (the second) in September 2009, and that the
longer be required as the Engel
period or not at all, total lien loss matically after a servicer sends a statute of limitations expired in September 2015, rendering the 2017 action untimely.
decision provides a clear path to
was a common result. foreclosure for many loans that default notice containing language Richard Brian P.
Haber, Esq. Scibetta, Esq. It was undisputed “that the parties modified the original loan in 2008 after Ferrato’s
For years, servicers and their law were either at risk for total lien that the servicer “will accelerate” initial default, changing the terms by altering the interest rate and increasing the
firms have struggled to save as loss or thought to be heading the mortgage debt if the default principal amount of the loan by more than $60,000.” Nevertheless, in two prior
many liens as possible, through down that path. is not cured by the specific date
(continued on page 18)
12 | SPRING 2021 SPRING 2021 | 13
Report: Legal Issues
Texas Supreme Court Additional
Protections to Lenders from Statute
of Limitations Defenses
BY RYAN BOURGEOIS, ESQ. | BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP*
USFN MEMBER (AZ, CA, CO, GA, NV, TX)
The Texas Su- over the statute of limitations, added run on the underlying loan. Based on
preme Court a claim for foreclosure under its its ruling in Zepeda, the court held
handed mort- equitable subrogation rights. PNC that equitable subrogation rights are
gage lenders argued that, under Texas Law, a fixed at the time the proceeds are
a significant lender which pays off a prior lien on used to discharge an earlier lien. A
victory in Tex- a property steps into the shoes of lender’s failure to protect its own
as over statute that prior lender up to the amount lien does preclude the lender of its
of limitations advanced to pay off the prior lien. rights in equity to bring claims under
claims by borrowers. The court The lender may exercise the same an earlier lien that was satisfied We deliver the expertise
ruled in PNC Mortg. v. Howard, ___ rights the prior lender may have from the proceeds of its lien. The
S.W.3d ___, 2021 WL 297579, at *1 had in that prior lien. However, the court reasoned that allowing equi- and tech-enabled services you
(Tex. 2021) (per curiam) that despite trial court held that PNC’s right to table subrogation provides a hedge
a mortgagee’s deed of trust being foreclose was barred by the stat- to lenders against the risk of paying need to continually improve
barred by the statute limitations, the ute of limitations including its rights of prior liens thereby increasing the
mortgagee may still assert equita- under equitable subrogation which availability of credit to borrowers. outcomes and expedite turn times.
ble subrogation rights in a separate was barred when the underlying lien This ruling gives lenders additional
action. became unenforceable. The appeals protections should their lien be-
The borrowers in this case pur- court later confirmed this decision. come unenforceable by the statute Shaped by over 50 years of client-focused partnership,
chased their house in 2003 with two After the appellate court issued its of limitations. In order to enforce ServiceLink’s foreclosure attorney and trustee clients are offered
purchase money loans. In 2008, the ruling, the Texas Supreme Court the equitable subrogation rights,
borrowers refinanced their home in Fed. Home Loan Mortg. Corp. v. the lender will need to file a sepa- comprehensive foreclosure title services, auction services, and
with Bank of Indiana and paid off Zepeda, 601 S.W.3d 763, 764 (Tex. rate action again the borrower. Their performance reporting - led by an unrivaled team of industry experts.
the two purchase money loans. The 2020) ruled that a lender was en- rights would also only be protected
loan was later assigned to National titled to enforce a lien based on up to the amount they advanced
City Mortgage which later merged equitable subrogation even when to pay off prior liens and lenders Foreclosure Title Services Auction Services Attorney Reporting Toolkit
with PNC, eventually defaulted, and the lender had failed to cure a fatal should consult with local counsel • Pre-Foreclosure Title Search • Publication • Default Performance and
Bank of Indiana foreclosed on the defect in a Texas Home Equity Loan. on how best to enforce these new • Trustee’s Sale Guarantee • Posting Vendor Report
property. The borrower sued alleging Based on this ruling, PNC appealed rights on qualifying loans. • Litigation Guarantee • Short Sale • Stage Status Report
Bank of Indiana did not have stand- to the Supreme Court arguing that
• Foreclosure Certificate • Foreclosure • Stage Status Dashboard
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assigned to National City Mortgage. be reversed based on the opinion in • Newly Foreclosed • Bulk Update
THE AUTHOR
The trial court voided the foreclo- Zepeda. • Bank-Owned • A50 Reporting Suite
sure, leaving only the borrowers The Supreme Court agreed with PNC
remaining claims. and held that the equitable subroga-
PNC then counterclaimed for judicial tion claims of PNC were not barred Contact us to achieve your goals, seamlessly.
foreclosure, but due to concerns by the statute of limitations having Ryan
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14 | SPRING 2021
Report: Foreclosure REAL PARTNERSHIPS,
Connecticut Appellate Court Decision
REAL SUCCESS.
With over 14 years of experience, Auction.com
Limits Jurisdiction Challenges is your disposition industry authority.
BY WILLIAM R. DZIEDZIC, ESQ. | BENDETT & MCHUGH, P.C.*
USFN MEMBER (CT, MA, ME, NH, RI, VT)
The Connecticut Appellate Court in Bank of New vacate the foreclosure judgment on the grounds that the
York Mellon v. Achyut Tope Et al, 202 Conn. App. plaintiff did not have standing. In denying the motion, the
540 (2021), affirmed a judgment of foreclosure trial court reasoned that the court will not continue to
where the appellant sought to open and vacate revisit issues that have been previously decided and that
a judgment based on a lack of subject matter constitute the law of the case. The trial court had previ-
jurisdiction. In Connecticut, the rules of practice ously ruled on the issue of standing in granting summary
allow for an attack on subject matter jurisdic- judgment and ruling on a similar motion to open the
tion at any time. The trial court denied the mo- judgment.
tion. In affirming the judgment, the appellate On appeal, the defendant claimed the trial court erred
court reasoned that Defendant’s post judgment motion constituted in denying his motion. The appellate court disagreed
an impermissible collateral attack on the foreclosure judgment. and reasoned that the defendant was afforded multiple
According to the record, the defendant filed a motion to open and opportunities to present his arguments in full to the trial
court. And, absent facts and circumstances that consti-
tute the exceptional case in which the lack of jurisdiction
was so manifest as to warrant review it declined to con-
sider the collateral attack to the subject matter jurisdic-
tion of the court.
This decision by the Connecticut Appellate Court puts a
limitation on a foreclosure defendant’s ability to continue
to challenge subject matter jurisdiction vis-`a-vis lack of
standing. Absent facts or circumstances showing that the
trial court’s lack of subject matter jurisdiction is obvious it
will be considered an impermissible collateral attack on
the foreclosure judgment.
There was a dissenting opinion. The dissent reasoned
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court’s subject matter jurisdiction, it would reverse the Auction.com is the ideal operational partner for trustees, attorneys and loan
judgment and remand the case for a determination on servicing professionals.
the jurisdictional issue. With this split decision it is pos-
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THE AUTHOR
William
Dziedzic, Esq.
16 | SPRING 2021
New York Foreclosures is NOT revoked””. Affirming the trial made his required payments, but that
court’s order, the Appellate Division he could cure the default by paying
Continued from Page 13 held “that Wells Fargo could not approximately $8,000 “on or before 32
foreclosure actions (the second and de-accelerate because it “admitted days from the date of [the] letter.” The
third), Wells Fargo attached only the that its primary reason for revoking letter further advised that, should he
original note and mortgage to the acceleration of the mortgage debt fail to cure his default, the noteholder
complaint and failed to acknowledge was to avoid the statute of limita- “will accelerate [his] mortgage with the
the existence of the modification tions””. full amount remaining accelerated and
agreement (“the only oblique evi- The Court of Appeals reversed, ex- becoming due and payable in full, and
dence of a modification was in an pressly rejecting the theory reflected foreclosure proceedings will be initiat-
attached schedule stating a principal in several Appellate Division and Su- ed at that time” [emphasis added].
dollar amount consistent with the preme Court decisions, “that a lender However, the letter went on to warn
modified debt”). Notably, Ferrato should be barred from revoking ac- that the “[f]ailure to cure your default
successfully moved to dismiss both celeration if the motive of the revoca- may result in the foreclosure and sale
prior actions based on these defi- tion was to avoid the expiration of the of your property” [emphasis added].
ciencies. statute of limitations on the acceler- On these facts, the Court of Appeals
While it is well settled that the filing of ated debt.” To the contrary, the Court held that the letter “did not seek
a verified foreclosure complaint may of Appeals held that a noteholder’s immediate payment of the entire,
evince an election to accelerate, the motivation for exercising a contractual outstanding loan, but referred to ac-
Court of Appeals, in Wells Fargo, held: right is generally irrelevant. celeration only as a future event”. Nor,
[H]ere the filings did not accelerate Finally, the Court noted that a note- according to the Court, was the letter
the modified loan (underlying the holder may be equitably estopped “a pledge that acceleration would im-
foreclosure action) because the from revoking its election to acceler- mediately or automatically occur upon
bank failed to attach the modified ate, but only upon a showing that the expiration of the 32-day cure period.”
agreements or otherwise acknowl- defendant materially changed her The Court noted that the letter “subse-
edge those documents, which had position in detrimental reliance upon quently makes clear that the failure to
materially distinct terms. Under the loan acceleration. cure “may” result in the foreclosure of
these circumstances – where the the property, indicating that it was far
deficiencies in the complaints Juan Vargas v. Deutsche from certain that either the accelera-
were not merely technical or de Bank National Trust Compa- tion or foreclosure action would follow,
minimis and rendered it unclear ny (Statements of Future let alone ensue immediately at the
what debt was being accelerated Intent) close of the 32-day period.”
– the commencement of these In Vargas, an action pursuant to RPA- It is clear from the holding in Vargas
actions did not validly accelerate PL 1501(4) to discharge a mortgage that acceleration may be accom-
the modified loan. as time-barred, the parties disputed plished through an unequivocal ac-
Thus, while the Wells Fargo opinion whether a default letter issued by the celeration notice transmitted to the
was favorable to the plaintiff in terms bank’s predecessor in interest validly borrower, and a different result may
of statute of limitations implica- accelerated the debt. The Court ac- have been reached if not for the in-
tions, foreclosing plaintiffs should be knowledged, consistent with settled consistent and somewhat ambiguous
forewarned that a failure to refer- case law, “that the acceleration of a language contained in the default letter
ence modifications to the original mortgage debt may occur by means in Vargas. Accordingly, lenders must be
note and mortgage in the complaint other than the commencement of a careful to avoid the use of unequivocal
renders the complaint subject to foreclosure action, such as through language of acceleration in their default
dismissal as insufficient to accelerate an unequivocal acceleration notice letters unless it is their intention to
the mortgage debt. transmitted to the borrower.” accelerate the debt by such notice.
The Court addressed one more issue The issue before the Court was
in Wells Fargo v. Ferrato, where, in whether the language of the default
another prior action (the fourth), letter was sufficiently unequivocal to
Wells Fargo had moved to both vol- constitute a valid election to accel-
THE AUTHOR
untarily discontinue the action and to erate. The Court’s decision in Vargas
revoke the acceleration of the loan. was heavily fact-dependent and re-
The trial court granted the motion to lied upon a thorough examination of
discontinue but denied revocation, the default letter. The letter at issue
stating, without explanation, that informed Vargas that his loan was in
Keith
“the acceleration of the subject loan serious default because he hadn’t Abramson, Esq.
18 | SPRING 2021ed “in a misleading or inaccurate Correspondingly, in Spuhler, which sidered contacting the defendant
statement of the debt’s amount.” also involved an allegation of im- to dispute or verify the debt. So
Report: Debt Collection Bazile v. Fin. Sys. of Green Bay, Inc.,
2020 U.S. App. LEXIS 39433, *9,
(7th Cir.) However, the Court point-
propriety due to an alleged accru-
ing interest omission, the Court
stated that the “exclusion must
there was no risk that the defen-
dant’s error could have caused her
to lose section 1692g’s statutory
ed out that further evidence was have detrimentally affected the protections because she did not
No FDCPA Harm, No FDCPA Foul
still necessary, as the debt col- debtors’ handling of their debts…” ever consider using them.”
lector had argued that no interest in order for the case to proceed. Therefore, the Court has clearly
had or would accrue on the debt, Spuhler v. State Collection Serv., 2020 stated, again and again, that an
implying that the debtor “could not U.S. App. LEXIS 39434, *7, (7th Cir.). improper FDCPA notice absent
BY LAUREN RIDDICK, ESQ. | CODILIS & ASSOCIATES, P.C.
have suffered an injury from the And in Nettles, where the debt- actual harm fails to give rise to a
USFN MEMBER (IL)
letter’s omission concerning inter- or admitted that the only injury cognizant legal action, which may
est accrual.” Id. at *11. was the “receipt of a noncompli- greatly stem the FDCPA litigation
The United States amount of debt owed. Each of the PA disclosures would likely suffice. Moreover, the Court noted that it’s ance collection letter,” the Court flood of late, at least in the Sev-
Court of Appeals Seventh Circuit’s six cases dealt with Id. at *9-10.) the Court’s own responsibility to summarily dismissed the matter. enth Circuit.
for the Seventh various consumer attacks upon these In Brunett, the Court further ex- ensure that standing exists, even “Because Nettles has not alleged
Circuit has re- requisite notices, whether for state- where the parties fail to raise the that she suffered an injury from
plained that a debtor confused by
cently released ments alleged to have been improp- matter. “Federal courts ‘have an in- the claimed FDCPA violations, she
the required notice “may be injured
a veritable ava- erly made, or for statements alleged dependent obligation to ensure that has failed to plead facts to sup-
if she acts, to her detriment, on THE AUTHOR
lanche of debt to have been improperly omitted. they do not exceed the scope of port her standing to sue.” Nettles v.
that confusion—if, for example, the
collector-friendly In each of these cases, the Court their jurisdiction, and therefore they Midland Funding LLC, 2020 U.S. App.
confusion leads her to pay some-
opinions regard- repeatedly emphasized the need for must raise and decide jurisdictional LEXIS 40012, *8, (7th Cir.). Nota-
thing she does not owe, or to pay a
ing “standing” under the Fair Debt actual harm to have occurred as a questions that the parties either bly, the Court added “She did not
debt with interest running at a low
Collection Practices Act (FDCPA) result of the allegedly improper state- overlook or elect not to press.’(cita- claim, for example, that she tried
rate when the money could have Lauren
which, given the relative dearth of ment or omission in order for the tion omitted)” Id. at *11-12. to dispute the debt or even con- Riddick, Esq.
been used to pay a debt with in-
lender-slanted opinions in this legal FDCPA action to be viable.
terest running at a higher rate. But
niche, seems practically momentous. In Larkin, the Court dismissed the the state of confusion is not itself
As of the time of writing, no fewer case for lack of standing, explain- an injury…If it were, then everyone
than six opinions on this narrow top- ing that alleging actual harm was would have standing to litigate
ic were issued over little more than a necessary regardless of whether the about everything.” Brunett v. Conver-
week in mid-December 2020, leav- violation alleged was procedural or gent Outsourcing, Inc., 2020 U.S. App.
ing the distinct impression that the substantive in nature. Larkin v. Fin. LEXIS 39270, *4, (7th Cir.).
Court is sending a message. Sys. of Green Bay, 2020 U.S. App.
Standing is a party’s right to sue and LEXIS 39058, *10, (7th Cir.). As the Similarly, in Gunn, where a debt-
only exists if a party has suffered a Court stated, the debtor failed to or argued that an improper no-
harm, as courts are not supposed to argue that the allegedly improper tice resulted in annoyance and
ponder the mere theoretical. In other notice caused them “to pay debts intimidation, the Court was hardly
words, a party that hasn’t suffered they did not owe or created an impressed. As the Court chid-
an injury won’t typically be permitted appreciable risk that they might do ed: “Indeed, it is hard to imagine
to proceed with suit. In legal terms, so,” or that they “were confused or that anyone would file any lawsuit
the need to allege harm is typical- misled to their detriment by the without being annoyed (or worse).
ly referred to as the “injury in fact” statements,” or “otherwise relied to Litigation is costly for both the
requirement, although how it applies their detriment on the contents of pocketbook and peace of mind.
to the FDCPA has been the subject the letters…” Id. at *12. Few people litigate for fun. Yet the
of considerable debate. Namely, Supreme Court has never thought
Therefore, according to the Court,
the quandary has centered around that having one’s nose out of joint
the debtors sought “to invoke the
whether a statutory violation alone is and one’s dander up creates a case
power of the federal courts to liti-
sufficient, or whether some resulting or controversy.” Gunn v. Thrasher,
gate an alleged FDCPA violation that
actual harm must also have occurred. Buschmann & Voelkel, P.C., 2020 U.S.
did not injure them in any concrete
App. LEXIS 39267, *5-6, (7th Cir.).
The FDCPA is a federal statute dictat- way, tangible or intangible,” which it
ing debt collection practices, one of deemed to be impermissible. Id. at In Bazile, the debtor alleged that
which is the requirement that debt *13. (The Court did caution, however, the FDCPA notice failed to mention
collectors send consumers written that suing a debtor after failing to interest accrual, thereby depriving
notices which clearly disclose the provide any of the mandatory FDC- her of information which result-
20 | SPRING 2021 SPRING 2021 | 21You can also read
