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McGuireWoods LLP | USA | 5 Aug 2016

CFPB Issues Final Mortgage Servicing Rules

On August 4, 2016, the Consumer Financial Protection Bureau (CFPB) issued its long-awaited final mortgage servicing rule under the Real Estate


Blank Rome LLP | USA | 16 Dec 2013

Sixth Circuit limits scope of servicer liability under TILA and expands scope of pleading damages under RESPA

Consumer Finance Litigation On November 26, 2013, in Marais v. Chase Home Finance LLC, the U.S. Court of Appeals for the Sixth Circuit issued two key


Dinsmore & Shohl LLP | USA | 18 Nov 2013

Mortgage servicers must adopt policies and procedures for dealing with loans upon the death of a borrower

On October 15, 2013, the Consumer Financial Protection Bureau ("CFPB") issued a bulletin providing guidance on certain mortgage servicing rules which


Dykema Gossett PLLC | USA | 3 Nov 2011

Another round: CFPB posts model disclosure forms for fixed rate and adjustable rate loans for comment

Continuing with its work on a combined TILARESPA application disclosure, the Bureau has posted yet another round of model disclosure forms for comment by consumers and the industry, this time focusing on the differences between fixed and adjustable rate loans.


Foley & Lardner LLP | USA | 30 Dec 2010

Third Circuit holds mortgage escrow cushion subject to bankruptcy

In In re Rodriguez, No. 09-2724 (3rd Cir. Dec 23, 2010), a three-judge panel for the Third Circuit considered whether an automatic stay under the Bankruptcy Code prevented a mortgage servicer from accounting for a pre-petition shortage on a mortgage escrow account in its post-petition calculation of the bankrupt debtors’ future monthly escrow payments.


Stinson LLP | USA | 23 Sep 2010

Consumer financial protection bureau gets underway

Pursuant to the Consumer Financial Protection Act of 2010 ("CFP Act"), which is part of the Dodd-Frank Act, the Secretary of the Treasury has designated July 21, 2011, as the date for the transfer of functions to the Bureau of Consumer Financial Protection ("CFPB").


Sheppard Mullin Richter & Hampton LLP | USA | 6 Apr 2010

Ninth Circuit rules that the National Bank Act preempts California's unfair competition law

On March 9, 2010, the Ninth Circuit held that the National Bank Act ("NBA") preempts claims of "unfair" and "fraudulent" conduct in violation of state law.


Ballard Spahr LLP | USA | 12 Mar 2010

Ninth Circuit: National Bank Act preempts state UDAP claims for mark-ups and overcharges; no RESPA Section 8(b) claim for overcharges

A decision this week by the U.S. Court of Appeals for the Ninth Circuit bolsters the position of national banks that the National Bank Act (NBA) and regulations of the Office of the Comptroller of the Currency (OCC) trump state laws on fee-related practices.


Duane Morris LLP | USA | 27 Jan 2010

New RESPA rules for consumer protection in real estate settlements and loans

The U.S. Department of Housing and Urban Development (HUD) recently issued new rules that modify the Real Estate Settlement Procedures Act (RESPA).


Dentons | USA | 24 Apr 2009

Mortgage Reform and Anti-Predatory Lending Act of 2009

This memorandum summarizes noteworthy provisions of HR 1728, the "Mortgage Reform and Anti-Predatory Lending Act", which was introduced by Representatives Brad Miller, Mel Watt, and Barney Frank on March 26, 2009.

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