We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 682

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


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


MERS has power to assign interest in deed of trust, borrower can challenge assignment of mortgage, First Circuit rules
  • Ballard Spahr LLP
  • USA
  • February 20 2013

Under Massachusetts law, Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under


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


10th Circuit rescission decision rejects CFPB position
  • Ballard Spahr LLP
  • USA
  • June 15 2012

Another federal appellate court has now weighed in on the question of whether a lawsuit seeking rescission is timely where the consumer provided notice of rescission within three years of closing but did not file suit until after the three-year period had passed


More thoughts on the CFPB’s TILA amicus brief
  • Ballard Spahr LLP
  • USA
  • March 30 2012

As my partner Marty Bryce reported, the CFPB has filed an amicus brief in the Tenth Circuit in a TILA case that presents the question whether a lawsuit seeking rescission is timely where the consumer provided notice of rescission to the lender within three years of closing but did not file suit until after the three-year deadline had passed


Maryland foreclosure statutes survive constitutional challenge
  • Ballard Spahr LLP
  • USA
  • April 12 2012

In a decision that is good news for mortgage lenders and servicers, a Maryland appellate court has upheld the constitutionality of recent amendments to Maryland’s foreclosure statutes that retroactively cured defects in certain mortgage instruments


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


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


A bad month for payday lenders
  • Ballard Spahr LLP
  • USA
  • March 1 2013

February was not a good month for payday lenders. As previously reported, on February 20, CFPB Director Cordray expressed pointed concerns about