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Mortgage investor's alleged failure to be licensed could subject company to claims under debt collection statutes
  • Ballard Spahr LLP
  • USA
  • March 21 2013

A federal court in Maryland recently declined to dismiss a borrower's claims that the owner of a mortgage loan operated as a debt collection agency


Preparing your company for sale: the role of investment banks
  • Ballard Spahr LLP
  • USA
  • March 29 2012

After determining to sell a business, a potential seller must decide whether to hire an investment bank to facilitate the sale process or to rely on the company’s owners, management, and legal advisers to manage the transaction


Only promissory note holders can initiate foreclosures in Washington state
  • Ballard Spahr LLP
  • USA
  • 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


Trustee and loan servicer are in privity for purposes of applying res judicata
  • Ballard Spahr LLP
  • USA
  • 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


New federal caller ID spoofing law could have broader reach
  • Ballard Spahr LLP
  • USA
  • February 16 2011

Consumer financial service providers must work with counsel to urge the Federal Communications Commission (FCC) to ensure that legitimate telephone calls, including from creditors and debt collectors, are not snared by the Truth in Caller ID Act of 2009 (TCIDA


FinCEN starts e-filing of new CTR and SAR forms mandatory use of new forms soon to follow
  • Ballard Spahr LLP
  • USA
  • 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


Washington Supreme Court: trustee's actions in nonjudicial foreclosure violated consumer law
  • Ballard Spahr LLP
  • USA
  • 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


Mississippi amends exemption relating to owner financing
  • Ballard Spahr LLP
  • USA
  • April 4 2013

Mississippi recently amended the owner financing exemption to its mortgage loan originator (MLO) licensing requirements to clarify what effect a


Going above and beyond the SCRA
  • Ballard Spahr LLP
  • USA
  • 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


D.C. Attorney General creates great uncertainty over residential mortgage foreclosures
  • Ballard Spahr LLP
  • USA
  • November 10 2010

The Attorney General for the District of Columbia has issued an enforcement statement that makes foreclosure on D