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Welcome to the McPhail Sanchez, LLC blog, where we keep you informed about the latest ongoing legal developments in the world of default servicing and creditor’s rights.

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What the M Podcast

Unveiling how mortgage servicers manage the residential homeownership industry is the concept behind “What the M,” a podcast in which Founding Partner Kent McPhail, his co-host, Stephen Hladik, and a number of industry guests discuss the complex issues facing default services and the path forward for the mortgage industry and homeowners alike.

You can listen to What The M at the link below, or wherever you listen to podcasts:

https://whatthem.buzzsprout.com

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Webinar on Banruptcy Rule 3002.1

Significant amendments to Bankruptcy Rule 3002.1 took effect on December 1, 2025, bringing new requirements for mortgage creditors in Chapter 13 cases. These updates expand the scope of required notices, add new standardized obligations for HELOC payment change notices, clarify when payment adjustments take effect, and introduce a new mid-case “Motion to Determine Status” that increases documentation expectations. The rule changes also create a more structured end-of-case process through a new Notice of Disbursements.

These amendments are intended to improve transparency and reduce disputes but will require creditors and servicers to update procedures to remain compliant.

Our firm recently hosted a webinar breaking down these changes and their practical impact. You can watch the full presentation below, and we will share additional insights as we receive them.

FTC vs Vroom, Inc.

By Ben Mayer

On June 2, 2024, the Federal Trade Commission filed a lawsuit against Vroom, Inc., a Texas-based online used car dealer. In the Complaint, the FTC alleged that Vroom violated several of the FTC’s trade regulation rules relating to misrepresentations made concerning  the company’s vehicle examination processes, failure to promptly deliver vehicles as promised, and failing to properly inform buyers of the scope of each car’s warranty. The proposed settlement between the parties requires Vroom to pay $1 million to the FTC to be used to refund customers harmed by these violations.

This suit highlights the importance of compliance with federal industry regulations, insuring that representations made to customers are followed through, and having consumer-friendly options in place when those representations cannot be made as promised. Vroom was put under a microscope when complaints concerning defects in vehicles sold ran counter to assurances made regarding each vehicle’s pre-sale inspection. Vroom must now document all claims regarding promises made to consumers and assure compliance with the stated violated regulations.

Click here to read more about this case as well as the complaint filed in the U.S. District Court for the Southern District of Texas as well as the proposed settlement agreement.  

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