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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


Federal judge refuses to dismiss Arizona mortgage class action alleging interest rate fraud
  • Ballard Spahr LLP
  • USA
  • February 21 2013

On January 25, 2013, a federal judge in Arizona refused to dismiss a class action lawsuit against an Arizona-based mortgage company in a case


Debt collector’s voice message not a ‘communication’ under FDCPA, federal judge rules
  • Ballard Spahr LLP
  • USA
  • May 11 2012

A recent decision by a federal judge in Minnesota may offer a solution to the Hobson’s choice currently facing debt collectors whenever a call to a debtor is picked up by an answering machine or voicemail


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


Chopra student loan remarks could signal new CFPB proposals or actions
  • Ballard Spahr LLP
  • USA
  • August 29 2012

Recent remarks by Rohit Chopra, the CFPB’s Student Loan Ombudsman, to the Congressional Forum on Student Loans and in an interview with Bloomberg Radio could presage new CFPB student loan recommendations to Congress or even CFPB examinations, investigations, andor rulemaking proceedings


HUD face-to-face meeting rule gets expansive reading from Virginia high court
  • Ballard Spahr LLP
  • USA
  • 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


Information security preparedness checklist
  • Ballard Spahr LLP
  • USA
  • January 10 2013

Financial services companies are under constant attack by cyber criminals to hack, skim, socially engineer, or even Dumpster dive consumer data out of an


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


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


More on enforcement attorneys and supervisory exams
  • Ballard Spahr LLP
  • USA
  • January 7 2013

The discussions at the ABA Consumer Financial Services Winter Meeting have reached biblical proportions (literally). The participants on yesterday's CFPB