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Results: 1-10 of 682

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


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


CFPB issues Small Entity Compliance Guide for ability to repay mortgage rule; trade groups seek more time for implementation
  • Ballard Spahr LLP
  • USA
  • April 11 2013

The CFPB has issued a Small Entity Compliance Guide on the ability to repay and qualified mortgage rule. According to the 45-page guide, it is


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


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


Nevada provides clarification on wholesale lender exemption
  • Ballard Spahr LLP
  • USA
  • August 23 2012

The Commissioner of the Nevada Division of Mortgage Lending addressed the licensing obligations of wholesale lenders under the Nevada Mortgage Brokers and Mortgage Agents Act in an August 20, 2012, memorandum


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


Texas enacts disclosure requirement for Residential Mortgage Loan Servicer Registrants
  • Ballard Spahr LLP
  • USA
  • February 2 2012

Effective January 5, 2012, the Texas Department of Savings and Mortgage Lending (SML) adopted a new disclosure requirement for Residential Mortgage Loan Servicer Registrants


Third Circuit rules FCRA covers OFAC alerts; affirms punitive damage award for willful FCRA violations
  • Ballard Spahr LLP
  • USA
  • August 18 2010

The U.S. Court of Appeals for the Third Circuit has ruled that the Fair Credit Reporting Act applies to an alert a creditor obtained from a consumer reporting agency to determine whether a credit applicant was listed on the Specially Designated Nationals and Blocked Persons List, compiled by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC