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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


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


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


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


CFPB issues second annual report on FDCPA activities
  • Ballard Spahr LLP
  • USA
  • March 27 2013

Debt collection will continue to be a major CFPB focus in 2013. That's the clear takeaway from the CFPB's second annual report to Congress on


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


New AML requirements under consideration
  • Ballard Spahr LLP
  • USA
  • March 7 2012

A new anti-money laundering (AML) rule being considered by the Department of the Treasury, through the Financial Crimes Enforcement Network, known as FinCEN, could impose more extensive compliance obligations on banks and other financial institutions subject to AML requirements


Third Circuit TILA rescission decision adopts CFPB position
  • Ballard Spahr LLP
  • USA
  • February 8 2013

The Third Circuit has now joined the Fourth Circuit in ruling that a lawsuit seeking rescission filed more than there years after loan consummation


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


CFPB issues second annual report on FDCPA activities
  • Ballard Spahr LLP
  • USA
  • March 26 2013

The Consumer Financial Protection Bureau's second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms