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The Marketplace Lending Industry Sneezes and Securitization Catches a Cold - Bad Law in the Madden Decision
  • Dechert LLP
  • USA
  • August 22 2016

For the past year or so, Dechert has been keeping a close eye on the marketplace lending industry and the tension between innovation, which portends

CFPB: The Quarterly Review, Q2 2016
  • White & Case LLP
  • USA
  • July 20 2016

Supervision of Larger Participants (“LP”) in Installment Loan and Vehicle Title Loan Markets. With the agency extending the completion of prerule

U.S. Supreme Court Provides Some Defense for Class Action Defendants in Spokeo Decision
  • Stinson Leonard Street LLP
  • USA
  • July 19 2016

Federal statutes such as the Fair Credit Reporting Act (FCRA), the Truth in Lending Act (TILA), and the Telephone Consumer Protection Act (TCPA) have

The New York Court of Appeals Rejects Attempted Expansion of the Common Interest Exception to the Attorney Client Privilege
  • Kelley Drye & Warren LLP
  • USA
  • July 8 2016

Last month, the New York Court of Appeals issued a decision rejecting the attempted expansion of the common interest exception to the attorney-client

Real Property & Title Insurance Update: Weeks Ending June 10 & 17, 2016
  • Carlton Fields
  • USA
  • June 21 2016

Copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have

8th Cir. Rejects Borrowers’ Challenges to Notice of Intent to Accelerate and to Assignment of Mortgage
  • Maurice Wutscher LLP
  • USA
  • June 6 2016

The U.S. Court of Appeals for the Eighth Circuit recently held that two borrowers did not have standing to challenge an allegedly invalid mortgage

Ohio Supreme Court foreclosure decision
  • Porter Wright Morris & Arthur LLP
  • USA
  • November 15 2012

On Halloween, the Supreme Court of Ohio issued a ruling that should scare lenders who do not do their own due diligence before filing a foreclosure action, particularly with respect to loans pooled into mortgage-backed securities, or that have otherwise been assigned one or more times from the originator of the loan.

Ohio Supreme Court holds that foreclosure must be dismissed if plaintiff does not have standing when lawsuit is commenced
  • Bricker & Eckler LLP
  • USA
  • November 12 2012

On October 31, 2012, the Ohio Supreme Court released its decision in Federal Home Loan Mortgage Corporation v. Schwartzwald, Slip Opinion No. 2012-Ohio 5017.

Goldman Sachs asks Supreme Court to address RMBS class standing
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • November 5 2012

On October 29, 2012, Goldman Sachs filed a petition for a writ of certiorari to the United States Supreme Court to review the recent Second Circuit Court of Appeals decision on RMBS class standing.

U.S. Supreme Court to decide if RESPA unearned fee prohibition requires fee split
  • Ballard Spahr LLP
  • USA
  • October 14 2011

The U.S. Supreme Court has agreed to hear a case that will decide whether the Real Estate Settlement Procedures Act (RESPA), which is directed at residential mortgage lending, prohibits a real estate settlement service provider from charging an unearned fee if the provider shares the fee with at least one other party, but not if the provider retains the entire fee.