Consumer Financial Protection Bureau will scrutinize consumer protection during mortgage servicing transfers *

USA - February 15 2013
The Consumer Financial Protection Bureau ("CFPB") recently issued Bulletin 2013-01, which provides guidance to mortgage servicers on the CFPB's…

Co-authors: Ralph F. MacDonald III, Gregory R. Hanthorn , David F. Adler, Jonathan Leiken, Jeremy P. Cole .

D.C. Circuit’s invalidation of NLRB appointments may affect the CFPB *

USA - January 28 2013
On January 25, 2013, the United States Court of Appeals for the District of Columbia Circuit ruled that President Obama's three "recess" appointments…

Co-authors: Noel J. Francisco, Gregory R. Hanthorn , David F. Adler, Jonathan Leiken, Jeremy P. Cole .

They can't do that, can they? Constitutional limitations on the seizure of underwater mortgages *

USA - June 29 2012
This Commentary discusses a proposal, referred to below as "the property seizure program," whereby state and local governments would use their eminent domain power to "condemn" underwater mortgages—that is, mortgages under which the outstanding amount of the debt exceeds the market value of the underlying real property.

Co-authors: Brian J. Murray, Michael A. Carvin, Jayant W. Tambe, Katherine S. Ritchey, Christopher Lovrien.

CFPB to play significant role under foreclosure settlement proposal *

USA - March 18 2011
The 50 state attorneys general and a group of federal regulators have proposed settlement terms to the country's five largest mortgage servicers to resolve ongoing foreclosure abuse investigations.

Co-authors: Benjamin J. Wolinsky , Albert J. Rota, Lee Ann Russo .