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Firm Articles

Expanded Tenant Protections in California Post-Foreclosure Evictions

Written By: Kayo Manson-Tompkins Published in USFN Report Spring Issue 2014

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Firm Announcements

■ Members Speaking at the March USFN Loan Management & Servicing Seminar

The USFN Loan Management & Servicing Seminar will be taking place at the Omni in Fort Worth, Texas from Wednesday, March 19, 2014 to Friday, March 21, 2014.  Several employees of The Wolf Firm will be attending this event including:

  • Alan S. Wolf: President & Managing Attorney
  • Krys Fuller Delk: Director of Operations
  • Kayo Manson-Tompkins: Managing Eviction & Foreclosure Attorney

We hope to see you at this event, and if you get the chance, please try to attend the following panel discussions being lead by our team members:

Impacts of CFPB & Servicing Regulations Part I  • Thursday, March 20 from 10:30am to 12:00pm

Alan S. Wolf, President and Managing Attorney at The Wolf Firm, will be a panelist on the session entitled, “Impacts of CFPB & Servicing Regulations Part 1” which will be held on Thursday, March 20 from 10:30am to 12:00pm. In this session, Mr. Wolf will be part of a roundtable discussion on the recently effective CFPB Servicing Regulations and discuss the known impacts on Mortgage Servicing. The panel will cover the nuts and bolts of the applicable regulations and will then discuss the measures necessary for effective compliance. This session will help attendees gain a better understanding of the information requests and error resolution processes, the new periodic payment statements, and rules concerning force place insurance. Finally, the panelists will cover any current cases and recent updates to the regulation. 

Latest Eviction/ REO Challenges & Title Clearance • Thursday, March 20 from 8:45am to 10:15am

Kayo Manson-Tompkins, Managing Eviction & Foreclosure Attorney at The Wolf Firm, will be a panelist on the session entitled, “Latest Eviction/REO Challenges & Title Clearance” which will be held on Thursday, March 20 from 8:45am to 10:15am. In this session, Ms. Manson-Tompkins will be part of a roundtable, interactive discussion, with counsel from multiple jurisdictions, on topics including resolving title, tax, and HOA issues, and closing best practices. Title issues and REO properties have seen a change. Title issues continue to exist post foreclosure. We still see the “usual suspects” such as breaks in the chain of title and description discrepancies. But now, we see title companies calling foreclosure actions into question. Come join this panel as they delve into the newest title issues being raised, what measures can be taken pre foreclosure (if any), and what can be done post foreclosure to get title cleared quickly.

Best Practices in Billing • Thursday, March 20 from 8:45am-10:15am

Krys Fuller Delk, Director of Operations at The Wolf Firm, will be a panelist on the session entitled, “Best Practices in Billing” which will be held on Thursday, March 19 from 8:45am-10:15am. In the ever changing landscape of mortgage servicing, it can be difficult to keep track of each client’s requirements and standard operating procedures for submitting invoices. This session will provide an open forum where both servicers and attorneys can discuss the challenges they face to properly submit invoices and have them reviewed in a timely manner. Further discussion will cover what to do to ensure you are promptly paid for the work completed. The panel and attendees can share insight on these issues and discuss best practices to ensure that this vital function is performed seamlessly and efficiently.

 Fast Tracking Vacant Foreclosures • Thursday, March 20 from 1:30pm to 3:00pm

Kayo Manson-Tompkins, Managing Eviction & Foreclosure Attorney at The Wolf Firm, will be a panelist on the session entitled, “Fast Tracking Vacant Properties” which will be held on Thursday, March 20 from 1:30pm to 3:00pm.  The fast-tracking of vacant and abandoned foreclosure properties is a viable, preferable alternative to addressing the backlog of vacant and abandoned properties that are currently stressing the system to its breaking point. In this session, Ms. Manson-Tompkins will be part of an open dialog on recent vacant property registration legislation – including increases in foreclosure driven registrations and cash bond requirements—and the inherent benefits to all aspects of the industry if new legislation will allow for the fast-tracking of the foreclosure process. The discussion will include key factors, including neighborhood blight, statistics on current foreclosure timeframes throughout the country, and the industry’s ability to alleviate stress on the code enforcement community through this alternative to vacant property ordinances.

Compliance & Audits • Thursday, March 20 from 1:30pm to 3:00pm

Krys Fuller Delk, Director of Operations at The Wolf Firm, will be moderating the session entitled, “Compliance and Audits” which will be held on Thursday, March 20 from 1:30pm to 3:00pm. In this session, Ms. Fuller Delk, along with the other panelists, will discuss the current pressures faced by mortgage lenders and loan servicers to comply with their oversight entities, the current requirements placed on their counsel and the path to future communication and efficient review between the participants. The discussion will review industry best practices and engage other members of the servicing community with insight, collaboration and cutting edge discussion on these critical facets of daily interaction.

For more information or to register for this event, please visit USFN Loan Management & Servicing Seminar.

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The Wolf Firm 2010 Holiday Video Card

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The Wolf Firm 2011 Holiday Video Card

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Firm Announcements

■ The Wolf Firm Receives the 2013 USFN Diamond Award of Excellence

The Wolf Firm, A Law Corporation, has once again been honored with the USFN Diamond Award of Excellence.  The USFN is the nation’s oldest, most selective and most well respected association focused on mortgage default and related mortgage banking legal issues.  While all USFN Members must meet rigorous screening standards, the Award of Excellence recognizes member firms that excel and are proven leaders in the industry by an analysis of the firm’s active participation and leadership in the mortgage industry, community and charitable involvement, on-going staff development and superior client relations.
The USFN initiated the Award of Excellence program in 1993. The Wolf Firm has won the Award of Excellence every year since its inception and is the only law firm in California to have been so honored.  The Wolf Firm is nationally recognized as a leader in the mortgage banking industry.  Firm members hold positions of leadership in various industry groups, speak at national industry events and have published articles in leading industry trade publications.
For over 25 years, The Wolf Firm has provided a broad array of legal and related services throughout California to lenders, servicers, investors, governmental agencies and other members of the financial services community. From simple routine work, to highly complex Bankruptcy and Litigation matters, The Wolf Firm is committed to an approach that results in strategic, cost-effective solutions specifically directed to the requirements of the particular matter and the expectations of each client. The Firm’s Departments include Litigation, Bankruptcy, Judicial and Non-Judicial Foreclosure, Unlawful Detainer/Eviction, Loss Mitigation, Escrow/Closing, Regulatory Compliance, Transactional and Labor & Employment.
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Firm Announcements

■ The Wolf Firm Welcomes New Litigation Attorney Abe G. Salen

Abe G. Salen is an attorney in the litigation department at The Wolf Firm and has more than 17 years of experience handling complex commercial, employment, and real estate litigation matters.   Mr. Salen is licensed to practice law before all of the Courts in the State of California as well as the United States District Court, Central and Northern Districts of California.  Mr. Salen has appeared in courts throughout the State of California, representing clientele from inception of a lawsuit through post-verdict appeal.

Mr. Salen has extensive experience negotiating business-related documents pertaining to day-to-day business operations, including employment agreements, employee handbooks, asset purchase agreements, non-disclosure and non-solicitation agreements, independent consultant agreements, bylaws, operating agreements, buy-sell / stockholder agreements, etc.  Mr. Salen has served as outside corporate counsel for mid-sized businesses in various industries, with particular emphasis on the staffing industry and real estate industry.
Mr. Salen earned his Juris Doctorate degree from Western State University, College of Law, where he was awarded an American Jurisprudence Award for Contracts and was on the Dean’s List in 1992-1993, and 1995.  Mr. Salen earned his Bachelor of Arts degree in Political Science from the University of San Diego, was on the Dean’s List in 1990-1991, and volunteered in the community as an ESL instructor.
Mr. Salen resides in South Orange County with his wife and three growing children, is on the Ladera Ranch Little League Board of Directors (2012-Present) and serves as its Safety Officer, is a Regional Referee for AYSO, and is an ardent sports fanatic, with particular favoritism towards hockey and soccer.
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Firm Announcements

■ Alan S. Wolf Speaking at the ACI Mortgage Servicing Compliance Forum

 

President & Managing Attorney Alan S. Wolf, will be speaking at the American Conference Institute’s Bank & Non-Bank Forum on Mortgage Servicing Compliancewhich will be held at The Washington Plaza Hotel in Washington, DC from Thursday, November 21 to Friday, November 22, 2013.

Please join Alan S. Wolf who will be discussing some new CFPB changes in the following session:

Meeting New Requirements Governing Monthly Mortgage Statements & Rate Adjustments

Thursday, November 21, 2013 from 12:10pm-1:00pm

This panel will discuss:

  • What information must these monthly statements include?
  • When and under what circumstances may a servicer provide a coupon book in lieu of monthly statements?
  • What additional information must be included in the statement of a delinquent borrower? At what point does the delinquent borrower become entitled to this additional information?
  • Servicers to provide “early warning” before borrower interest rate adjusts
  • How far in advance must a servicer issue warning of a first time interest rate adjustment?
    • What information must this warning/disclosure contain?
  • When must a servicer provide notice that a rate adjustment has caused payment to change?

For more information or to register for this event, please visit the American Conference Institute’s Bank & Non-Bank Forum on Mortgage Servicing Compliance.

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Firm Announcements

■ Member Speaking at the Texas Mortgage Bankers Association Conference

Please join us at The Texas Mortgage Bankers Association (TMBA) Mortgage Servicing Forum which will be taking place at The Westin Galleria Dallas in Dallas, Texas from Wednesday, November 13, 2013 to Thursday, November 14, 2013.  Managing Eviction & Foreclosure Attorney Kayo Manson-Tompkins, will be a panelist on the following session:

Vendor Audits/Vacant Property Maintenance and Registration/Code Compliance/Outlook for REO’s
Thursday, November 14, 2013 from 2:45pm-4:15pm
Kayo Manson-Tompkins Managing Eviction & Foreclosure Attorney at The Wolf Firm, will be a panelist on the session entitled, “Vendor Audits/Vacant Property Maintenance and Registration/Code Compliance/Outlook for REO’s.”  The forum will take a closer look at regulations and compliance as it relates to third party vendors, municipality code compliance, vacant property maintenance and registration; as well as the outlook for REO’s and “repair or not to repair.”  Ms. Manson-Tompkins  will be discussing the Protection Tenants at Foreclosure Act (PTFA) and provide an overview of the federal law giving bona fide tenants the right to remain in foreclosed property.  She will be answering who is a bona fide tenant? What is a bona fide lease? What rights does the bona fide tenant have? What practical steps can REO owners take?
For more information or to register for this event, please visit http://www.texasmba.org/servicing/.
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Firm Articles

With Property Values Increasing, Mortgage Servicers Should Revisit Whether Objections Should Be Made to Bankruptcy Stripoffs

Written By: Alan S. Wolf  

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Firm Articles

Navigating the Minefield of Evictions in California

Written By: Kayo Manson-Tompkins Published in the October 2013 issue of Servicing Management Magazine

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Executive of Argyll Equities, Inc. Sentenced to 15 years for Stock Loan Fraud Scheme

The U.S. District Attorney for the Southern District of California issued a news release that Douglas McClain, Jr., the President of Argyll Equities, Inc. was sentenced to 15 years in federal prison for his role in a multi-million dollar stock loan fraud scheme. The indictment that took place in April 2012 charged McClain with 27 counts of conspiracy, mail fraud, wire fraud, securities fraud and money laundering and on May 31, 2013 the jury returned guilty verdicts on all counts. Evidence at the trial showed that McClain and others fraudulently induced corporate executives to pledge millions worth of stock in publicly traded companies as collateral for loans by stating that borrowers would not be sold unless there was a default on the loans.

The Author of this alert is Joseph J. Nardulli, Managing Litigation Attorney atThe Wolf Firm, A Law Corporation. For a more detailed and thorough examination of this topic, you can reference “President of Argyll Equities Sentenced to Serve 15 Years Relating to $80 Million International Securities Fraud Scheme” in Targeted News Service, LLC on September 23, 2013. 

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Firm Articles

California Rent/Eviction Control Ordinances – Are they a Taking, or a Legitimate Exercise of Police Power?

Written By: Kayo Manson-Tompkins  

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Firm Announcements

■ Alan S. Wolf Selected As Member of the Best Lawyers in America 2014

The Wolf Firm, A Law Corporation, is proud to announce that President and Managing Attorney Alan S. Wolf, has been selected by his peers to be included in the 2013 edition of The Best Lawyers in America in the practice area of Mortgage Banking Foreclosure Law.  Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. Since lawyers are not required or allowed to pay a fee to be included, a listing in Best Lawyers is widely regarded within the legal profession as a singular honor, conferred on a lawyer by his or her peers.

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Firm Announcements

■ Dan Fujimoto and Krys Fuller Delk Speak at the CMBA Western States Loan Servicing Conference

The CMBA Western States Loan Servicing Conference will be taking place at The Wynn in Las Vegas, Nevada from Sunday, August 4, 2013 to Wednesday, August 6, 2013.  Please try and attend the following sessions being lead by our team members:

Foreclosure & Bankruptcy Update                                                                                                      Monday, August 5, 2013 from 4:00pm-5:00pm

Want to learn the latest about what’s trending in foreclosure and bankruptcy matters? Please join the Firm’s Senior Bankruptcy Attorney Dan Fujitomo, who will be part of a panel of experts that will be discussing what’s going on in the Western States and what we might expect in the coming months. Of particular interest will be:

 

  • Discussion of the Judicial vs. Non-judicial FC process
  • Implications for MERS-related files
  • Effects of the California Homeowners’ Bill of Rights
  • Proposed changes to federal Bankruptcy rules
  • Changes to bankruptcy processes since last year’s POC changes
  • Current issues & challenges to evictions
  • Changes to the REO market.

COMPLIANCE SUPER SESSION — New Servicing Standards: CFPB, the State AGs and More
Tuesday, August 6 from 10:30am-11:30am

Krys Fuller Delk, Director of Operations, will be moderating this panel.  With an ever-increasing focus and level of resources being aimed at compliance issues, this panel will explore best practices for compliance with emerging servicing standards , including those relating to: customer service, borrower notification, assessment of fees, loss mitigation, foreclosure, bankruptcy, and quality control as well as recommendations for preparation for servicing examinations and audits.

 

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Firm Announcements

■ Fannie Mae and Freddie Mac Matters in California

In November, 2012 Fannie Mae and Freddie Mac announced the end to their retained attorney networks for default cases referred to attorneys on or after June 1, 2013 and provided a new process for the selection of counsel.  Under the new process, servicers must select default counsel and verify that those counsel meet the stringent criteria set by the GSE’s.  Once selected by the servicer, the selection is presented to the GSE who then indicates its objection or approval (specifically “no objection”) to the selection.  The GSE determination of objection or approval is servicer and state specific.  If the GSE indicates its approval, then the firm must complete that GSE’s training and enter into limited retention agreements with the GSE.

Should you desire to seek Fannie Mae and/or Freddie Mac approval of The Wolf Firm to perform legal services for you in California, please contact The Firm’s Director of Client Relations Alkisti Karmokolias, at alkisti.karmokolias@wolffirm.com.

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Firm Announcements

■ Members Speaking at the June USFN Loan Management & Servicing Seminar

The USFN Loan Management & Servicing Seminar will be taking place at the Grand Hyatt in San Antonio, Texas from Wednesday, June 5, 2013 to Friday, June 7, 2013.  Several employees of The Wolf Firm will be attending this event including:

Alan S. Wolf: President & Managing Attorney
Krys Fuller Delk: Director of Operations
Kayo Manson-Tompkins: Managing Eviction & Foreclosure Attorney
Alkisti Karmokolias: Director of Client Relations

We hope to see you at this event, and if you get the chance, please try to attend the following panel discussions being lead by our team members:

New Bankruptcy & Servicing Standards and Loss Mitigation
Friday, June 5 from 9:00am to 10:30am

Alan S. Wolf, President and Managing Attorney at The Wolf Firm, will be a panelist on the session entitled, “New Bankruptcy & Servicing Standards and Loss Mitigation” which will be held on Friday, June 5 from 9:00am to 10:30am. In this session, Mr. Wolf will be part of a roundtable discussion on the new requirements for signatories created by The National Mortgage Settlement. Those requirements are quickly becoming the new standard for all servicers. This panel will explain the requirements as set forth in the settlement and also discuss the interplay betw een the new requirements and the new rules that became effective in December 2011. Further discussed is how Loss Mitigation and loan modifications have filtered into bankruptcy courts with predictable chaos, confusion, and undetermined success. This panel of industry professionals will help attendees navigate the pitfalls surrounding bankruptcy loss mitigation opportunities, including reaffirmation, Chapters 7 and 13 modifications and HAMP. Session attendees can expect to gain valuable, applicable knowledge and discover the best practices and best solutions to resolve the confusion.

 Latest Eviction/ REO Challenges & Title Clearance
Thursday, June 6 from 10:30am to 12:00pm

Kayo Manson-Tompkins, Managing Eviction & Foreclosure Attorney at The Wolf Firm, will be a panelist on the session entitled, “Latest Eviction/REO Challenges & Title Clearance” which will be held on Thursday, June 6 from 10:30am to 12:00pm. In this session, Ms. Manson-Tompkins will be part of a roundtable, interactive discussion, with counsel from multiple jurisdictions, on topics including resolving title, tax, and HOA issues, and closing best practices. Title issues and REO properties have seen a change. Title issues continue to exist post foreclosure. We still see the “usual suspects” such as breaks in the chain of title and description discrepancies. But now, we see title companies calling foreclosure actions into question. Come join this panel as they delve into the newest title issues being raised, what measures can be taken pre foreclosure (if any), and what can be done post foreclosure to get title cleared quickly.

Compliance & Audits
Thursday, June 6 from 1:30pm to 3:00pm

Krys Fuller Delk, Director of Operations at The Wolf Firm, will be a panelist on the session entitled, “Compliance and Audits” which will be held on Thursday, June 6 from 1:30pm to 3:00pm. In this session Ms. Fuller Delk, along with the other panelists, will discuss the current pressures faced by mortgage lenders and loan servicers to comply with their oversight entities, the current requirements placed on their counsel and the path to future communication and efficient review between the participants. The discussion will review industry best practices and engage other members of the servicing community with insight, collaboration and cutting edge discussion on these critical facets of daily interaction.

 Managing Unoccupied & Occupied Properties
Thursday, June 6 from 1:30pm to 3:00pm

Kayo Manson-Tompkins, Managing Eviction & Foreclosure Attorney at The Wolf Firm, will be a panelist on the session entitled, “Managing Unoccupied & Occupied Properties” which will be held on Thursday, June 6 from 1:30pm to 3:00pm. In this session, Ms. Manson-Tompkins will cover Evictions and the Protecting Tenants at Foreclosure Act and discuss state specific hot topics in managing occupied and unoccupied properties. This session will also cover contact with owners and tenants and alternatives to eviction and examine the frequent types of responses and litigation associated with occupied and unoccupied properties.

Billing Practices Procedures
Thursday, June 6 from 3:15pm-4:45pm

Krys Fuller Delk, Director of Operations at The Wolf Firm, will be a panelist on the session entitled, “Billing Practices & Procedures” which will be held on Thursday, June 6 from 3:15pm to 4:45pm. In the ever changing landscape of mortgage servicing, it can be difficult to keep track of each client’s requirements and standard operating procedures for submitting invoices. This session will provide an open forum where both servicers and attorneys can discuss the challenges they face to properly submit invoices and have them reviewed in a timely manner. Further discussion will cover what to do to ensure you are promptly paid for the work completed. The panel and attendees can share insight on these issues and discuss best practices to ensure that this vital function is performed seemlessly and efficiently.

For more information or to register for this event, please visit USFN Loan Management & Servicing Seminar.

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Firm Articles

Newly Proposed Bankruptcy Rules Slash Time to File Proof of Claim

Written By: Alan S. Wolf  

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Firm Articles

Effective Communication: A Critical Consideration In Today’s Litigation Environment

Written By: Eric D. Dean  

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Firm Articles

Understanding When a Manufactured Home Is Permanently Affixed to Real Property in California

Written By: Kayo Manson-Tompkins  

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Firm Articles

Use of the Attorney Client Privilege in Pre-Litigation Internal Communications

Written By: Eric D. Dean  

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Firm Announcements

■ Members Speaking at The Commercial Real Estate Lending Conference

Managing Litigation and Transactions Attorney Eric D. Dean, will be a panelist at the upcoming Commercial Real Estate Lending Conference which will take place on Thursday, April 18, 2013 at the Westin Long Beach located at 333 E. Ocean Blvd., Long Beach, CA 90802. Eric D. Dean will be speaking on the Due Diligence panel discussing the importance of documenting communications during the due diligence period with those representing the proposed borrower; how and when the due diligence is conducted and in what manner; whether or not acknowledgements should be obtained from the proposed buyer and if so, how and in what respect; and when the potential need for counsel in the due diligence process can occur. For more information, or to register for this event, please visit the Commercial Real Estate Lending Conference website.

 

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Firm Announcements

■ The Wolf Firm Hires a New Managing Eviction Attorney

The Wolf Firm, A Law Corporation, is pleased to announce that Kayo Manson-Tompkins has been appointed as the managing attorney of its Eviction Department.  Ms. Manson-Tompkins, who formerly was an attorney with a prominent real estate/business litigation law firm based in southern California, has spent the majority of her 25 years in practice handling residential civil litigation, with particular emphasis on complex evictions, judicial foreclosures and mobile home foreclosures.  Ms. Tompkins also has substantial experience handling surplus funds, deeds-in-lieu of foreclosure and bankruptcies.

Ms. Manson-Tompkins has been frequently called upon to speak at local and national mortgage industry events.  For example, she has been a speaker at several REOMAC (REO Managers Association of California) and United Trustees Association (UTA) conferences, a faculty speaker for the National Business Institute (NBI) and Lorman Education Services on residential servicing issues, and a panelist and lead facilitator for the USFN at its Regional and National Loan Management and Servicing Seminars.

Ms. Manson-Tompkins earned her Bachelor of Arts degree from California State University, Los Angeles and her Juris Doctorate degree from Loyola Law School, Los Angeles.  She was admitted to the California State Bar in 1988 and is a member of the Orange County Bar Association.  She is a past Chair of the REO/Evictions Committee of the USFN and helped create and develop the Eviction Timelines Matrix which was first published in February 2002.  She was also on the USFN sub-committee that created and developed the Manufactured Homes Desk Guide, State-by-State, which was first published in January 2004.  She has also published various articles for the USFN Report, the USFN National Mortgage Service Directory, the USFN e-update and the UTA Quarterly Newsletter.

Ms. Manson-Tompkins can be contacted by email at kayo.manson-tompkins@wolffirm.com or directly at (949) 480-1643.

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Firm Announcements

■ The Wolf Firm Adds a New Mobile Home Division to its Foreclosure Department

The Wolf Firm has expanded its Foreclosure Department and created a new division within the department called the Mobile Home Division.  The Mobile Home Division of the Foreclosure Department specializes in the handling of real property and personal property mobile home and manufactured home foreclosures, plus related title issues and compliance with Mobile Home Residency Laws.  It is supported by the Foreclosure Department and the special expertise of  attorney Kayo Manson-Tompkins who has extensive knowledge in California mobile home foreclosures.

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Firm Announcements

■ Lending a Helping Hand

Second Harvest Food Bank as part of the USFN Loan Management & Servicing Seminar which took place in Jacksonville, Florida.  Volunteers assisted in  Second Harvest Food Bank’s mission to distribute food and grocery products to those in need by sorting and packaging incoming food donations.  For more information, to volunteer or to donate please visit Second Harvest Food Bank.

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Firm Articles

Labor Law: New Pregnancy Regulations for Employees

Written By: Joseph J. Nardulli