Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP


Latest Posts › Mortgages

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Chicago Ordinance Creates New Obligations for Owners of Foreclosed Rental Property

A new Chicago ordinance requires mortgagees who acquire residential rental property through a foreclosure or deed in lieu of foreclosure to either provide an option to renew the lease or offer relocation assistance to a...more

6/19/2013 - Foreclosure Local Ordinance Mortgages Rental Property Rental Rates

CFPB delays effective date of Reg Z prohibition on financing credit insurance premiums

The CFPB has issued a final rule delaying the June 1, 2013 effective date of the Regulation Z prohibition on financing credit insurance premiums (Section 1026.36(i)). The final rule sets January 10, 2014 as the prohibition’s...more

5/30/2013 - CFPB Financing Insurers Mortgages Premiums Regulation Z TILA

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

5/17/2013 - Dodd-Frank Mandatory Arbitration Clauses Mortgages Regulation Z TILA

CFPB Expands Public Consumer Complaint Database

The Consumer Financial Protection Bureau has expanded its public Consumer Complaint Database to include complaints about mortgages, bank deposit products and services, student loans, and other consumer loans (which category...more

4/1/2013 - CFPB Consumer Complaint System Loans Mortgages Student Loans

Kentucky County Clerks Cannot Sue MERS for Failure to Record Mortgage Assignments, Sixth Circuit Rules

The U. S. Court of Appeals for the Sixth Circuit recently affirmed the district court’s dismissal of a putative class action filed against Mortgage Electronic Registration Systems (MERS), its parent company, and 15 financial...more

2/27/2013 - Assignments Class Action County Clerks Failure to Record Injunctions MERS Mortgages Public Officials Recording Fees Standing

Borrower Can Sue After Three Years to Rescind Mortgage Loan, 3rd Circuit Rules

A borrower can bring a lawsuit seeking rescission more than three years after loan consummation as long as the borrower has sent a written notice of rescission within the three-year period, the U.S. Court of Appeals for the...more

2/7/2013 - Borrowers Loans Mortgages Rescission Statute of Limitations TILA Written Notice

Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit

The U.S. Department of Justice (DOJ) has reached a settlement with Community Bank of St. Charles, Michigan, in a federal lending discrimination lawsuit filed by DOJ against the bank....more

1/28/2013 - CFPB Discrimination DOJ ECOA Equal Access to Credit Fair Lending FHA Mortgages Settlement

Mortgage Foreclosure Is Debt Collection under the FDCPA, Sixth Circuit Holds

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are “debt collectors” subject to the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Sixth Circuit...more

1/24/2013 - CFPB Debt Collectors FDCPA Foreclosure Mortgages

CFPB has launched investigations arising out of warning letters issued to mortgage lenders and brokers

We previously reported that the Bureau had sent warning letters to many mortgage originators and brokers chastising them about certain advertising practices....more

1/7/2013 - Advertising Brokers CFPB Mortgage Loan Originators Mortgages

CFPB gets preliminary injunction in mortgage relief assistance case

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

11/21/2012 - Barack Obama Canning v NLRB CFPB Mortgages NLRB Preliminary Injunctions Recess Appointments Richard Cordray

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