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FinCEN starts e-filing of new CTR and SAR forms mandatory use of new forms soon to follow

Ballard Spahr LLP
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USA
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April 12 2012

The Financial Crimes Enforcement Network (FinCEN) announced on March 29, 2012, that it is now accepting the new Currency Transaction Report (CTR) and Suspicious Activity Report (SAR) forms for filing on the BSA E-Filing System

Appeals court ruling could invalidate foreclosures in Georgia

Ballard Spahr LLP
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USA
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July 26 2012

A recent decision by the Georgia Court of Appeals potentially could invalidate thousands of Georgia foreclosures

Only promissory note holders can initiate foreclosures in Washington state

Ballard Spahr LLP
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USA
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August 23 2012

The Supreme Court of Washington has determined that, under the Washington deed of trust act, only the actual holder of a promissory note can be the beneficiary with the power to appoint a trustee to proceed with a nonjudicial foreclosure on real property

HUD revises proposal to reduce seller concessions on FHA loans

Ballard Spahr LLP
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USA
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March 1 2012

On February 23, 2012, the United States Department of Housing and Urban Development published a revised proposal to reduce the maximum concession that a seller or other interested third party may provide to a borrower purchasing a home with an FHA-insured single-family mortgage loan

Trustee lawsuits will likely raise costs for all

Ballard Spahr LLP
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USA
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May 10 2012

Mortgage-backed securities investors have recently turned their litigation sights on trustees, and this does not bode well for the mortgage industry

Trustee and loan servicer are in privity for purposes of applying res judicata

Ballard Spahr LLP
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USA
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March 21 2013

The U. S. District Court for the Middle District of Georgia has joined district courts from Alabama, Nevada, and Tennessee in holding that for

HUD face-to-face meeting rule gets expansive reading from Virginia high court

Ballard Spahr LLP
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USA
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May 10 2012

In a decision affecting all lenders in Virginia that issue FHA-insured home loans, the Supreme Court of Virginia has adopted an expansive reading of HUD’s requirement of face-to-face meetings prior to foreclosure

Going above and beyond the SCRA

Ballard Spahr LLP
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USA
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March 29 2012

As we discussed in the last issue, the multistate settlement agreement, filed on March 12, 2010, has imposed settlement terms and agreements that operate much more like newly promulgated regulations than settlement terms

Washington Supreme Court: trustee's actions in nonjudicial foreclosure violated consumer law

Ballard Spahr LLP
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USA
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March 21 2013

The Washington Supreme Court has held that a trustee's practice in a nonjudicial foreclosure of deferring to the lender on whether to postpone a

Chicago adds debt collector license

Ballard Spahr LLP
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USA
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February 21 2013

The City of Chicago has added a licensing requirement for any person who, in the ordinary course of business, regularly engages in consumer debt

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