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1
Appellate Division Rejects MacPherson Mortgage Acceleration Argument In Case Of First Impression
In a case of appellate first impression in New York, the Appellate Division, Second Department held that a mortgage is accelerated upon a lender's election to do so, notwithstanding an optional reinstatement clause...
United States
5 Apr 2019
2
New Jersey Giveth And Taketh Away: Recent Steps to Reduce And To Increase Regulatory Burden On Home Mortgage Lenders
Recently, the State of New Jersey has taken a small step in the direction of less regulation over home mortgage lenders and, virtually at the same time, a potentially more significant step...
United States
19 Jun 2017
3
Mortgage Lenders Receive Wake Up Call From CFPB
Last week, the CFPB issued a warning letter to 44 mortgage lenders and brokers concerning possible violations related to their collection and reporting of mortgage data under the HMDA and Regulation C.
United States
9 Nov 2016
4
MDL Court Says "You Don't Belong Here" To Plaintiff "Added By Amendment"
In MERS, cases related to the formation and operation of the subject mortgage registration systems were consolidated in an MDL.
United States
6 Sep 2016
5
FCC Adds New Wrinkle To Collection Of Federally Backed Debts
Federal Communications Commission announced new rules on Thursday that imposes limitations on private collection agencies and servicers seeking to collect on behalf of federal debts.
United States
16 Aug 2016
6
Third Circuit Affirms Summary Judgment For M&T In RESPA Class Action Involving Private Mortgage Insurance Reinsurance
Andrew Soven, Dan Booker and Molly Campbell secured a precedential Third Circuit victory of a putative class action asserted against firm client M&T Bank Corp. and its subsidiaries.
United States
3 Mar 2016
7
Illinois Supreme Court Expands Who Can Seek TILA Rescission
A recent Illinois Supreme Court opinion may expose banks to a flood of TILA rescission claims by anyone who claims an ownership interest in mortgaged property.
United States
3 Mar 2016
8
Coopetition 101 : JP Morgan And OnDeck
JPMorgan Chase & Co. and OnDeck Capital Inc. announced a partnership to speed up the process of providing loans to some of JPMorgan's 4 million small-business customers.
United States
5 Jan 2016
9
Fannie Mae's Credit-Risk Transfer Initiatives Approach The Half-Trillion-Dollar-Mark, Reducing Taxpayers' Exposure – But Some Are Recommending More Should Be Done
While the FHFA's conservatorships of Fannie Mae and Freddie Mac are unlikely to end before 2017, the Enterprises continue to transfer more credit risk from their single-family residential mortgages to private insurers.
United States
3 Dec 2015
10
CFPB Warns Again About Marketing Services Agreements
RESPA § 8(a) prohibits the payment of fees or other "things of value" for the referral of settlement service business.
United States
13 Oct 2015
11
CFPB Issues Rule On Mortgage Guidelines For Special Classes Of Creditors
The Consumer Financial Protection Bureau ("CFPB") this week issued a final rule making a series of changes to its mortgage guidelines for small creditors and creditors in rural and underserved communities.
United States
5 Oct 2015
12
CFPB And DOJ Issue Consent Order For Mortgage Lender To Pay $27 Million To Mitigate Illegal Redlining Activities
This represents the largest redlining settlement in history to provide such direct subsidies.
United States
29 Sep 2015
13
FinCEN Speech Outlines "Core Principles" On Enforcement
A recent Reed Smith Client Alert discusses a June 2015 speech by Stephanie Brooker, Associate Director for Enforcement at the Financial Crimes Enforcement Network ("FinCEN").
United States
26 Jun 2015
14
High Volatility Commercial Real Estate: New Rules Have Effect On Cost And Availability Of Mortgage Capital
On January 1, 2015, the final Basel III rules regarding regulatory capital for banks with greater than $500 million in assets and all savings and loan holding companies took effect.
United States
9 Feb 2015
15
The Rule Of Lenity: Should Courts Defer To Agency Interpretations Of RESPA § 8?
On November 10, 2014, the U.S. Supreme Court denied a petition for a writ of certiorari in a case entitled Douglas F. Whitman v. United States.
United States
9 Jan 2015
16
Pennsylvania Legislature Clarifies Open-End Mortgage Exception To Priority Of Mechanics' Liens
On July 9, 2014, Governor Corbett signed Act 117 of 2014, amending Pennsylvania's Mechanics' Lien Law of 1963.
United States
11 Jul 2014
17
Protect Your Mortgage Insurance Rights Now Before It Is Too Late
The Federal Housing Finance Agency (FHFA) recently announced changes to mortgage insurance (MI) master policy requirements.
United States
12 Mar 2014
18
Negotiating Forward-Looking MAC Clauses: Addressing Borrowers' And Lenders' Divergent Interests In The Inclusion Of "Prospects"
Material adverse change or material adverse effect clauses in Credit Agreements are used primarily as a condition precedent to closing and all borrowings, and the occurrence of a MAC or MAE may also constitute an event of default.
United States
20 Feb 2014
19
Avoiding The Unintended Tax Consequences Of Foreign Subsidiary Pledges And Guarantees: A Look At Deemed Dividends In U.S. Loan Transactions
Overseas Shipping Group ("Overseas") recently sued its former attorneys, a prominent New York-based law firm, for legal malpractice in drafting credit agreements that resulted in the company incurring an estimated $463 million in tax liability.
United States
24 Dec 2013
20
Delaware Limited Liability Company Interests As Collateral
Most secured lenders have experience taking a security interest in limited liability company ("LLC") interests. Indeed, such arrangements are so common that lenders can easily fall into the trap of using shorthand (such as "membership interests") to describe their collateral.
United States
9 Dec 2013
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