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Bill That Would Overturn Madden v. Midland Funding, LLC And Codify Valid-When-Made Doctrine Passes In House

USA - February 21 2018 The House of Representatives recently passed H.R. 3299, the “Protecting Consumers Access to Credit Act of 2017.” This act codifies the...


Are Your Loan Documents Ready For The Death Of LIBOR?

USA - February 6 2018 The London Interbank Offered Rate (“LIBOR”) is a nearly 50-year old global borrowing benchmark which underpins more than $350 trillion of financial...


U.S. Supreme Court Refuses To Apply FDCPA To Purchasers Of Debt But Leaves Potential Arguments For Applicability Undecided

USA - June 12 2017 The Fair Debt Collection Practices Act (“FDCPA”) authorizes private lawsuits and fines to deter abusive collection efforts by “debt collectors”a term...


Can An Unexecuted Loan Modification Coupled With Performance Satisfy The Statute Of Frauds? A Simple Step Can Help Your Financial Institution Avoid Being The First To Find Out In Texas.

USA - June 9 2017 No Texas Court has considered whether a written offer to enter into a loan modification satisfies the requirement under Texas lawknown as the statute...


Fifth Circuit Confirms That Constitutionally Non-Compliant Home Equity Liens Are Invalid And That No Statute Of Limitations Applies To A Quiet Title Action Alleging Such Violations

USA - May 18 2017 The Fifth Circuit recently confirmed that lenders andor servicers cannot raise the statute of limitations as a defense where borrowers claim that a...