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CFPB TILA-RESPA integrated disclosure enforcement news and disclosure requirements for servicers
  • Alston & Bird LLP
  • USA
  • June 9 2015

The Consumer Financial Protection Bureau's (CFPB) newTruth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) Integrated


Non-agency residential mortgage loans in 2014: a survey of legal issues affecting the market
  • Alston & Bird LLP
  • USA
  • February 8 2015

The year 2014 was a landmark for the non-agency residential mortgage market, as a large amount of regulatory uncertainly was lifted. Final rules were


HOA liens are first in line
  • Alston & Bird LLP
  • USA
  • December 3 2014

On September 18, 2014, the Supreme Court of Nevada issued its decision in SFR Investments Pool 1, LLC v. U.S. Bank, in which the court considered the


Class action round-up - fall 2014
  • Alston & Bird LLP
  • USA
  • December 1 2014

A class of industrial purchasers of polyurethane products brought suit against Dow Chemical Company for fixing the prices of those products. After


The end of the threat to use eminent domain to take underwater home mortgages?
  • Alston & Bird LLP
  • USA
  • February 5 2014

Last November's SoCal Real Estate Finance Forum highlighted various municipalities' threatened use of their power of eminent domain to "take" the


The Consumer Financial Protection Bureau defines “qualified mortgage” for residential loans what implications will this definition have for RMBS “put-back” litigation?
  • Alston & Bird LLP
  • USA
  • March 12 2013

The Consumer Financial Protection Bureau (the "CFPB") has amended Regulation Z with respect to the Truth in Lending Act, which regulates a lender's


REMIC tax concerns surrounding foreclosures
  • Alston & Bird LLP
  • USA
  • March 6 2012

A Real Estate Mortgage Investment Conduit (REMIC) is an entity employed to securitize loans secured by real property and that has been granted tax-favored status


New CREFC mediation proposal: a response to SEC’s proposed breach enforcement regulation
  • Alston & Bird LLP
  • USA
  • October 4 2011

In response to the growing proliferation of CMBS mortgage loan put-back litigation for loan seller breaches of representations and warranties and the SEC’s new focus on issuerseller disregard (as well as some purchaser litigation abuse) of requests for repurchase, the Commercial Real Estate Finance Council has proposed a Model Dispute Resolution and Remedies Provision (“Model Provision”) to be incorporated into Mortgage Loan Purchase Agreements (MLPAs) and Pooling and Servicing Agreements (PSAs) industry-wide to provide consistency and transparency to a process that many CMBS investors have lost confidence in as a protection against poor originator loan underwriting


Latest developments in the foreclosure documentation crisis
  • Alston & Bird LLP
  • USA
  • October 19 2010

Various developments have occurred this week relating to the heightened concern over defective foreclosure processes and the moratoriums on foreclosure proceedings instituted by certain financial services companies, including Bank of America and GMAC, a subsidiary of Ally Financial


Federal Reserve issues interim final rule regarding real estate appraisals
  • Alston & Bird LLP
  • USA
  • October 18 2010

Today, the Federal Reserve issued an interim final rule and request for public comment regarding real estate appraisals, implementing Section 1472 of the Dodd-Frank Wall Street Reform and Consumer Protection Act