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


Student loans: new CFPB initiatives launched; changes to federal rules announced
  • Ballard Spahr LLP
  • USA
  • October 28 2011

Student loans were recently in the spotlight with the launch by the Consumer Financial Protection Bureau (CFPB) of a new “Know Before You Owe” project and online tool, and the Obama administration’s announcement of proposed federal rule changes


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


Fourth Circuit TILA rescission decision adopts CFPB position
  • Ballard Spahr LLP
  • USA
  • May 9 2012

In an opinion issued on May 3, 2012, the U.S. Court of Appeals for the Fourth Circuit has held that 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 deadline had passed


CFPB generates flurry of new mortgage banking industry
  • Ballard Spahr LLP
  • USA
  • January 24 2013

The Consumer Financial Protection Bureau has been a whirlwind of activity in recent weeks, issuing a number of final rules that will affect the


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


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


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


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


MERS wins Florida fee case
  • Ballard Spahr LLP
  • USA
  • July 11 2012

The Clerk of the Circuit Court of Duval County, Florida, cannot maintain a class action against MERS for “millions of dollars in unpaid recording fees,” the U.S. District Court for the Middle District of Florida has ruled