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382 results found

Article

Manatt Phelps & Phillips LLP | USA | 13 Mar 2019

RESPA New Private Actions? Massachusetts OKs NOE Error Suit

Just a limited set of Real Estate Settlement Procedures Act (RESPA) claims allow for private rights of action, but the list might be growing larger

Article

Morrison & Foerster LLP | USA | 15 Dec 2017

Joint and Several Liability for Payment Processor That Facilitated Fraud

On December 13, the Eleventh Circuit Court of Appeals affirmed the decision of the U.S. District Court for the Middle District of Florida finding a

Article

Maurice Wutscher LLP | USA | 22 Aug 2017

11th Cir. Confirms Servicer May Designate Address for QWRs

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage servicer, holding that the

Article

Sirote & Permutt PC | USA | 16 May 2017

FDCPA and Estimated Fees and Costs: The Chaos Continues

Last month, I wrote about the irreconcilable differences between the RESPA “hello” letter requirement and the FDCPA debt validation notice

Article

Smith Debnam Narron Drake Saintsing & Myers LLP | USA | 25 Oct 2016

Timing is Everything: 11th Circuit Finds Loss Mitigation Application Untimely

The Eleventh Circuit recently issued an opinion emphasizing the importance of timing under the Mortgage Servicing Rules.In Lage v. Ocwen Loan

Article

Sirote & Permutt PC | USA | 13 Oct 2016

Must a Servicer Review a Complete Loss Mit Application Where Sale Postponed? 11th Circuit Weighs In

On October 7, 2016, in Lage v. Ocwen Loan Servicing, Inc., the Eleventh Circuit Court of Appeals analyzed a mortgage servicer's duty to review a

Article

Wilmer Cutler Pickering Hale and Dorr LLP | USA | 8 Aug 2016

BNA Insights: Statute of Limitations for Disgorgement Claims in SEC and CFPB Enforcement Actions

In a landmark May 26, 2016 decision, the U.S. Court of Appeals for the Eleventh Circuit became the first appellate court to rule that Securities and

Article

Jones Day | USA | 27 Oct 2011

CompuCredit Corp. v. Greenwood: the Supreme Court revisits binding arbitration clauses in the consumer finance context

Oral argument in CompuCredit Corp. v. Greenwood, No. 10-948, (argument held October 11, 2011) addressing the "Credit Repair Organizations Act," has confirmed that the Supreme Court appears ready to define the potential reach of its decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), when called upon to do so by federal statutes.

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