Anthony Kaye

Anthony Kaye

Ballard Spahr LLP

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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 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

FTC Emphasizes 'Aggressive Enforcement' and 'Vigorous Education' on Military Consumer Protection Issues

Charles A. Harwood, Deputy Director of the Bureau of Consumer Protection of the Federal Trade Commission, testified before a U.S. Senate committee last week about military consumer protection issues. Deputy Director Harwood's...more

11/27/2013 - CFPB Consumer Complaint System FTC Military Service Members Predatory Lending Unfair or Deceptive Trade Practices

Borrower Must File Suit before Foreclosure To Exercise Rescission Rights, Eighth Circuit Holds

The Eighth Circuit recently held that a borrower must file suit before foreclosure to exercise rescission rights under TILA. The court now joins the Ninth and Tenth Circuits in holding that notice alone is not sufficient. In...more

10/24/2013 - Borrowers Foreclosure Mortgages Rescission Truth in Lending Act (TILA)

Georgia Court Reiterates that Creditors Seeking Deficiency Judgments Must Adhere to 30-Day Foreclosure Sale Confirmation Rule

In a recent opinion, the Georgia Court of Appeals reaffirmed that creditors who wish to seek deficiency judgments following a non-judicial foreclosure must seek to have the sale confirmed within 30 days of the sale....more

8/28/2013 - Creditors Deficiency Judgments Foreclosure Mortgages

Secret Lender-Buyer Side Deal Renders Seller Subordination Agreement Unenforceable

A California Appellate Court ruled recently that a seller’s subordination agreement was unenforceable where the buyer and the lender entered into a side agreement between themselves that the seller knew nothing about and that...more

8/26/2013 - Construction Loans Subordination Void and Unenforceable

South Carolina Supreme Court: Lenders Modifying Loans Do Not Engage in Unauthorized Law Practice

The South Carolina Supreme Court recently ruled that lender loan modifications do not constitute the unauthorized practice of law....more

7/1/2013 - Lenders Loan Modifications Loans Refinancing Unauthorized Practice of Law

Texas Supreme Court: Discount Points are Subject to Fee Cap for Home Equity Loans and Lines of Credit

In a decision that likely will have a dampening effect on the home equity lending market in Texas, the Texas Supreme Court ruled on June 21, 2013, that lenders are prohibited from treating discount points and lender fees as...more

6/28/2013 - Fees Foreclosure Home Equity Home Equity Line of Credit Homestead Exemption Lenders

Mortgage Banking Update: 10th Circuit: Law Firm Not Required To Flag Erroneous Credit Reports in Foreclosure Proceeding

A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm...more

5/3/2013 - Credit Reporting Agencies Credit Reports FDCPA Foreclosure

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