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A recent decision in a criminal case may support the proposition that computerized loan records made by a prior servicer are admissible in North Carolina as a business records exception to the hearsay rule
  • Hutchens Law Firm
  • USA
  • August 28 2015

Most servicers have probably encountered situations where the records custodian dispatched to provide testimony at the trial of a foreclosure case


A corporation may be a protected “person” under the FDCPA
  • Hutchens Law Firm
  • USA
  • August 28 2015

On July 23, 2015, the 6th Circuit Court of Appeals, in a case from Tennessee, held that the definition of a protected "person" under FDCPA's


CFPB’s unprecedented authority is unfair, deceptive and abusive
  • Sirote & Permutt PC
  • USA
  • August 27 2015

We have been writing and speaking about the significance of Section 1036 of The Dodd-Frank Wall Street Reform and Consumer Protection Act since it


Eleventh Circuit examines “debt collector” under the FDCPA
  • Womble Carlyle Sandridge & Rice LLP
  • USA
  • August 27 2015

For those tracking Fair Debt Collection Practices Act ("FDCPA") litigation for financial institutions and loan servicers, an opinion recently issued


The Second Circuit denies Midland’s request for rehearing on its decision that upended longstanding principles of lending law
  • Cadwalader Wickersham & Taft LLP
  • USA
  • August 26 2015

On August 12, 2015, the United States Court of Appeals for the Second Circuit denied Midland Funding, LLC and Midland Credit Management (collectively


Consumer Financial Protection Bureau files suit against company and individuals who allegedly ran pension loan scam
  • Baker & Hostetler LLP
  • USA
  • August 26 2015

On August 20, 2015, the Consumer Financial Protection Bureau (“CFPB”) and the New York superintendent of financial services jointly sued Pension


Finally, a SOL decision focused on unjust enrichment and inequitable results
  • Bradley Arant Boult Cummings LLP
  • USA
  • August 26 2015

This week, the First District Court of Appeals joined the Fourth District Court of Appeals in holding that Florida’s five-year statute of limitation


Ninth Circuit finds CFPB interpretation of RESPA provision not entitled to deference
  • Morrison & Foerster LLP
  • USA
  • August 25 2015

On August 24, 2015, the Ninth Circuit found that the CFPB’s interpretation offered in an amicus brief of 12 U.S.C. 2607(c)(2) of the Real Estate


Fannie Mae announces new mortgage product for low- and moderate-income borrowers
  • BuckleySandler LLP
  • USA
  • August 25 2015

On August 25, Fannie Mae announced that it will begin offering HomeReady, a mortgage loan product featuring new flexibilities for lower to moderate


Banks’ class certification motion trumpets Target data security failings, ignores impact of card association settlements
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 25 2015

Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion