Anthony Kaye

Anthony Kaye

Ballard Spahr LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

District Court Holds That a Late Assignment to a Securitized Trust Is Voidable, Not Void, and Does Not Permit a Claim for Wrongful...

The U.S. District Court for the Northern District of California has issued an opinion in Spangler v. Selene Finance, LP, rejecting a borrower’s allegation that an assignment of a deed of trust recorded after a foreclosure...more

10/13/2016 - Banking Sector Deed of Trust Foreclosure Mortgages Residential Real Estate Market Voidable

SCRA website malfunctioning

According to an announcement posted on the Servicemembers Civil Relief Act Website, “[a] bug in the SCRA website is causing the site to give false negatives for some National Guard members whose service should be positively...more

10/6/2016 - Banking Sector Consumer Lenders Military Service Members National Guard SCRA Websites

DoD issues MLA interpretive rule

The Department of Defense (DoD) has issued an interpretive rule to assist the industry in complying with its July 2015 final rule amending the Military Lending Act’s implementing regulation. The much-anticipated guidance was...more

9/9/2016 - American Bankers Association Banking Sector CFPB Consumer Financial Products Consumer Lenders Department of Defense (DOD) EFTA FDIC Federal Reserve Industry Examinations Interpretive Rule Military Annual Percentage Rates (MAPR) Military Lending Act Military Service Members OCC Regulation E Safe Harbors Truth in Lending Act (TILA)

Trade groups seek extension of compliance date for Military Lending Act final rule

The American Bankers Association, joined by six other prominent industry trade groups, is seeking a six-month extension of the date by which depository institutions must comply with the Military Lending Act (MLA) final rule...more

9/2/2016 - Banking Sector CFPB Consumer Financial Products Department of Defense (DOD) Depository Institutions FDIC Federal Reserve Financial Institutions Military Lending Act Military Service Members NCUA OCC Time Extensions

Holly Petraeus to retire from CFPB

According to Politico, Holly Petraeus, Assistant Director of the CFPB’s Office of Servicemember Affairs, will be retiring from the CFPB. During her tenure at the CFPB, the protection of military servicemembers and their...more

9/1/2016 - Administrative Resignation Banking Sector Banks CFPB Consumer Lenders Department of Defense (DOD) Financial Institutions Military Lending Act Military Service Members

NJ Supreme Court Holds Intervening Mortgage Takes Priority After Discretionary Advances by Initial Mortgagee

The New Jersey Supreme Court recently clarified its rules regarding mortgage priority, holding that a factoring company’s secured first mortgage can be trumped by a law firm’s later-filed mortgage where the factoring company...more

8/29/2016 - Commercial Bankruptcy Discretionary Functions Foreclosure Guaranty Claims Law Firm Ownership Legal Fees Mortgage Priority Mortgages NJ Supreme Court

Third Circuit Holds SCRA Protections Do Not Extend to Servicemember-Owned Businesses

In a unanimous opinion in Davis v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit has held that Servicemembers Civil Relief Act (SCRA) protections do not extend to a servicemember's solely owned...more

5/26/2016 - Business Ownership Corporate Entities Delinquent Assessment Dues Military Service Members Property Tax SCRA

Ninth Circuit Upholds Ruling in Favor of CFPB against Lawyer in Mortgage Relief Scam, Rejects Constitutional Challenge to Director...

The Ninth Circuit recently considered arguments relating to an enforcement action brought by the Consumer Financial Protection Bureau (CFPB) against a California attorney who was offering loan modification services. The CFPB...more

5/4/2016 - Appointments Clause Article II Canning v NLRB CFPA CFPB Enforcement Actions Loan Modifications Mortgages NLRB Popular Recess Appointments Regulation O Richard Cordray UDAAP

One-Year Period of SCRA Foreclosure Protection Remains in Effect through 2017

On March 31, 2016, President Obama signed into law the Foreclosure Relief and Extension for Servicemembers Act of 2015, which continues through December 2017 a provision of the Servicemembers Civil Relief Act (SCRA) that...more

4/25/2016 - Amended Legislation Barack Obama Foreclosure Military Service Members Mortgages SCRA

Reading the Nevada Tea Leaves after Shadow Wood

In the wake of SFR Investments Pool 1, LLC v. U.S. Bank, N.A., in which the Nevada Supreme Court held that an HOA foreclosure sale may extinguish a first position deed of trust, lenders have advanced numerous arguments as to...more

4/18/2016 - Commercial Reasonableness Condominiums Deed of Trust Foreclosure HOA Mortgages NV Supreme Court Residential Real Estate Market

Trade groups seek clarifications to Military Lending Act regulations

A number of prominent industry trade groups have written to the Department of Defense (DoD) seeking clarifications to the Military Lending Act (MLA) final rule adopted in July 2015 that dramatically expanded the scope of the...more

4/12/2016 - Ancillary Agreements CFPB Consumer Lenders Department of Defense (DOD) Military Lending Act Military Service Members

Deadline Extended for Requesting Direct Access to Military Loan Act Database

The Department of Defense has extended the deadline for requesting direct access to its Military Loan Act (MLA) Defense Manpower Data Center (DMDC) database until February 15, 2016. Under amendments to the MLA's implementing...more

2/5/2016 - CFPB Consumer Lenders Databases Deadlines Department of Defense (DOD) Military Lending Act Military Service Members Safe Harbors

Taking Exception with the CFPB’s Attempt to Regulate Lawyers

The CFPB filed a lawsuit against two law firms, The Mortgage Law Group, LLP (MLG) and Consumer First Legal Group, LLC (CFLG), who provided foreclosure assistance to their clients. See CFPB v. The Mortg. Law Grp., Case No....more

11/11/2015 - CFPB Consumer Financial Products Enforcement Actions Foreclosure Mortgage Servicers Popular Young Lawyers

Defense Department Dramatically Expands Scope of Military Lending Act

The Department of Defense (DoD) dramatically expanded the scope of the Military Lending Act (MLA) on July 22, 2015, publishing its Final Rule amending the MLA’s implementing regulation. MLA coverage was previously limited to...more

7/28/2015 - Automotive Loans CFPB Consumer Lenders Credit Unions Department of Defense (DOD) Financial Services Authority Higher Education Act Lenders Military Lending Act Military Service Members Payday Loans Regulation Z Title IV

CFPB issues third servicemembers complaints report and suggests practices for handling servicemember accounts

The CFPB has issued its third snapshot of complaints received from servicemembers, veterans and their families (“servicemember complaints”). The report covers complaints received from July 21, 2011 through December 31,...more

4/28/2015 - Best Practices CFPB Consumer Complaint System Consumer Lenders Enforcement Actions Information Reports Military Service Members

Proposed MLA expansion in limbo

Despite the CFPB’s efforts to build support for the Department of Defense’s proposal to significantly expand Military Loan Act coverage, it now appears that the proposal may be put on hold. The DoD proposal would revise the...more

4/27/2015 - CFPB Consumer Financial Products Consumer Lenders Department of Defense (DOD) Military Lending Act Military Service Members NDAA

Rule Expanding Military Lending Act Protections In Limbo

The Department of Defense's (DoD) proposed rule to revise and expand the coverage of its rule implementing the Military Lending Act (MLA) may be put on hold. The House Committee on Armed Services Subcommittee for Military...more

4/27/2015 - Department of Defense (DOD) Military Lending Act Military Service Members NDAA Proposed Amendments

No Need for Foreclosing Trustee To Record New Notice of Sale upon Third-Time Postponement, Nevada Supreme Court Holds

The Nevada Supreme Court recently interpreted a statute that governs the manner in which a foreclosing trustee can postpone a trustee’s sale. At issue was whether a trustee must record a new notice of sale upon orally...more

4/9/2015 - Foreclosure Mortgage Lenders NV Supreme Court Recording Requirements Trustee Sales Written Notice

Congress votes unanimously to extend SCRA one-year foreclosure protection period

Congress has unanimously approved legislation to extend until January 2016 a provision of the Servicemembers Civil Relief Act (SCRA) that prohibits foreclosing on a servicemember’s house for one year following the...more

12/18/2014 - Foreclosure Mortgage Lenders Mortgage Servicers New Legislation SCRA

Defense Department Proposes Expansion of Military Lending Act Regulations

The Department of Defense (DoD) has issued a proposal to revise and significantly expand the coverage of its rule implementing the Military Lending Act (MLA). The proposed revisions would limit interest charged to...more

9/30/2014 - Banks Department of Defense (DOD) Military Lending Act Nonbank Firms Proposed Amendments Truth in Lending Act (TILA)

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute

The U.S. District Court for the Eastern District of Pennsylvania has held that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory notes secured by mortgages on...more

9/29/2014 - Assignments Loan Transfers Mortgages Promissory Notes Recording Requirements

Guarantors Are Not Protected by the Equal Credit Opportunity Act, Eighth Circuit Holds

The U.S. Court of Appeals for the Eighth Circuit recently upheld summary judgment in favor of a lender, dismissing an action by the borrowers’ spouses alleging that the lender’s requirement that the spouses sign guaranties...more

8/14/2014 - ECOA Guarantors Guaranty Claims Lenders

Loan Servicer Properly Identified as Party with Authority To Negotiate Mortgage Terms in Foreclosure Notice, Georgia Court Holds

A recent decision by the Georgia Court of Appeals helps to add further clarity to the state’s foreclosure notice statute. The statute, which was amended in 2008, requires that the written notice of a foreclosure sale “shall...more

6/20/2014 - Appeals Foreclosure Loan Servicer Mortgages Negotiations Notice Requirements Written Notice

Supreme Court of Rhode Island Declares Usury Savings Clauses Void

For public policy reasons, the Rhode Island Supreme Court recently held that usury savings clauses are void and unenforceable. In NV One, LLC v. Potomac Home Capital, LLC, borrowers who had defaulted on their note filed a...more

2/28/2014 - Borrowers Commercial Loans Default Lenders Usury Void and Unenforceable

Auto Lease Cash Capitalized Cost Reduction Payment Refundable under SCRA, Maryland Federal Court Rules

In connection with a motion to dismiss, a Maryland federal district court has ruled that the cash “capitalized cost reduction” (CCR) payment allegedly made by a military servicemember upon signing his auto lease was...more

1/13/2014 - Automotive Industry Leases Military Service Members SCRA

35 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×