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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


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


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


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


FDIC issues proposed rules on incentive compensation arrangements
  • Ballard Spahr LLP
  • USA
  • February 14 2011

On February 7, 2011, the Federal Deposit Insurance Corporation (FDIC) Board approved and, with six other federal agencies1, issued joint proposed rulemaking implementing Section 956 of the Dodd-Frank Wall Street Reform and Consumer Protection Act


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


Record $1.92 billion in fines and penalties levied against HSBC
  • Ballard Spahr LLP
  • USA
  • December 13 2012

HSBC Holdings, London, and two of its U.S. subsidiaries have been ordered to pay a record $1.92 billion in fines and penalties for anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) violations