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Equitable tolling allowed in alleged scheme reinsuring private mortgage insurance

Jorden Burt LLP
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USA
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May 13 2013

Plaintiff homeowners filed a putative class against Bank of America Corp. ("BOA"), Bank of America Reinsurance Corp. ("BOARC") and three primary

CFPB enters into settlement prohibiting captive mortgage reinsurance

Jorden Burt LLP
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USA
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April 23 2013

The Consumer Financial Protection Bureau ("CFPB") recently filed complaints in the Southern District of Florida against Genworth Mortgage Insurance

Court denies bank, insurer's, and reinsurer's motion to dismiss RESPA complaint

Jorden Burt LLP
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USA
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March 20 2013

Two borrowers filed a putative class action complaint in Pennsylvania federal court alleging that mortgage lender, First Horizon Home Loan

Bond insurers gain on banks in assured guaranty RMBS case, but questions remain

Jorden Burt LLP
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USA
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February 23 2013

The 2008 financial crisis included a wave of defaults on collateralized debt obligations, and some of those defaults caused enormous losses to

Class settlement and attorneys’ fees approved in action involving captive reinsurance

Jorden Burt LLP
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USA
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January 31 2013

After more than four years of litigation, a class action suit brought against Washington Mutual comes to a close with an unopposed class settlement

Vermont Supreme Court sends bank back into class arbitration

Jorden Burt LLP
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USA
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November 13 2012

The Vermont Supreme Court reversed a trial court order that had the effect of precluding class arbitration where the parties’ agreement was silent on the issue

Court denies dismissal of putative class action alleging kickbacks accepted by lender via its captive reinsurer

Jorden Burt LLP
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USA
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September 27 2012

A breach of contract claim survived dismissal in a potential class action lawsuit by homeowners against a mortgage lender for alleged kickbacks obtained when the lender required the homeowners to pay for force-placed insurance (FPI) on mortgaged properties

Class waivers and fee shifting provisions not unconscionable

Jorden Burt LLP
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USA
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July 26 2012

The 11th Circuit ruled that SunTrust Bank account holders must arbitrate claims against it for excessive overdraft fees pursuant to an arbitration clause in its depositor agreement

Captive reinsurance litigation stayed pending Supreme Court decision

Jorden Burt LLP
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USA
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June 7 2012

A putative class action against HSBC and its affiliates asserting violations of the Real Estate Settlement Procedures Act of 1974 was stayed in part pending the outcome of First American Financial Corp

11th Circuit rules bank customers must arbitrate class action overdraft claims

Jorden Burt LLP
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USA
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June 4 2012

The 11th Circuit Court recently ruled in Buffington v. SunTrust Banks (In Re Checking Account Overdraft MDL) that SunTrust Bank account holders must arbitrate claims against it for excessive overdraft fees

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