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Courts uphold MERS serving as “nominee” on mortgage instruments

USA - March 4 2011 In recent weeks, several courts have issued opinions upholding the use of Mortgage Electronic Registration Systems, Inc. (MERS)— an electronic registry created by the mortgage banking industry to track transfers in servicing rights and beneficial ownership of millions of mortgage loans around the nation.

Jon D. Van Gorp, Paul Jorissen, Jason H. P. Kravitt, Lucia Nale

Debt Collectors and Loan Servicers’ Clear Message from Eleventh Circuit’s Hunstein Decision - Use of Third-Party Vendor Could Violate FDCPA

USA - April 29 2021 In a unanimous decision with potentially far-reaching implications for the loan servicing and debt collection industries, the United States Court of…

Christopher S. Comstock, Steven M. Kaplan, Joy Tsai, Megan S. Webster

Florida Supreme Court Holds that Each Default Resets the Statute of Limitations for Filing a Foreclosure Complaint

USA - November 3 2016 On November 3, in a case that was closely watched by industry participants, the Florida Supreme Court held that a mortgagor's default that occurs…

Christopher S. Comstock, Debra Bogo-Ernst, Lucia Nale, Joseph M. Snapper

Understanding the True Scope of a Financial Firm’s Exposure to Crypto

USA - December 21 2022 With crypto winter fully upon us, most regulated financial institutions understand that if they want to engage directly in cryptocurrencies—i.e…

Matthew Bisanz, Steven M. Kaplan, Christopher B. Leach

For The Second Time, Federal Court Dismisses Lawsuit Challenging Proposed OCC Fintech Charter

USA - September 4 2019 On Tuesday (September 3, 2019), the U.S. District Court for the District of Columbia issued an order dismissing a lawsuit filed by the Conference of…

Christopher S. Comstock