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94 results found

Article

Winston & Strawn LLP | USA | 21 Mar 2018

Fifth Circuit Court of Appeals Vacates DOL Fiduciary Rule

On March 15, 2018, the Court of Appeals for the Fifth Circuit reversed a district court judgment and vacated the U.S. Department of Labor’s (the

Article

Winston & Strawn LLP | USA | 24 Nov 2014

Financial services update November 24 2014 Treasury Department developments

On November 20th, the Consumer Financial Protection Bureau ("CFPB") proposed amendments that would require mortgage servicers to provide certain

Article

Winston & Strawn LLP | USA | 12 Aug 2013

Independent foreclosure review payments surpass $2.6 billion

On August 2nd, the Office of the Comptroller of the Currency ("OCC") announced that almost 3 million people have cashed or deposited checks related

Article

Winston & Strawn LLP | USA | 15 Jul 2013

National Bank Act authorizes non-judicial foreclosure

On July 9th, the Eighth Circuit held that a national banking association chartered by the OCC but not registered to do business with the Arkansas

Article

Winston & Strawn LLP | USA | 25 Feb 2013

MERS passes muster in Massachusetts

On February 15th, the First Circuit discussed the propriety of the Mortgage Electronic Registration System. A homeowner's mortgage note was delivered

Article

Winston & Strawn LLP | USA | 13 Aug 2012

Insights from Winston & Strawn

On August 10, 2012, the Consumer Financial Protection Bureau ("CFPB") proposed two sets of rules designed to protect mortgage borrowers from mistakes by mortgage servicers.

Article

Winston & Strawn LLP | USA | 25 Jun 2012

OCC and Federal Reserve Board issue financial remediation guidance and extend deadline for requesting foreclosure review

On June 21st, the OCC and the Federal Reserve Board (the "Board") released guidance that will be used in determining the compensation or other remedy borrowers will receive for financial injury identified during the Independent Foreclosure Review.

Article

Winston & Strawn LLP | USA | 18 Jun 2012

TILA rescission and non-judicial foreclosures

On June 11th, the Tenth Circuit held that the Truth in Lending Act requires a borrower seeking to rescind a loan give the lender written notice of rescission within three years of the loan's closing and institute legal action to enforce that right if the lender does not respond.

Article

Winston & Strawn LLP | USA | 5 Mar 2012

Federal Reserve Board publishes action plans for supervised financial institutions

On February 27th, the Federal Reserve Board released action plans for supervised financial institutions to correct deficiencies in residential mortgage loan servicing and foreclosure processing.

Article

Winston & Strawn LLP | USA | 5 Mar 2012

New Jersey Supreme Court addresses state foreclosure requirements

On February 27th, the New Jersey Supreme Court unanimously held that under state law, a Notice of Intention to Foreclose sent to delinquent homeowners must include the name and address of the lender.

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