David Roth

David Roth

Bradley Arant Boult Cummings LLP

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Latest Publications


Washington Supreme Court Clarifies Mandatory Mediation Program Exemption – Holders Score a Washington Victory

The servicer community recently scored an important victory in an opinion issued by the en banc Washington Supreme Court. The decision — Brown v. Wash. State Dep’t. of Commerce, — clarifies the scope of the small lender...more

11/4/2015 - Borrowers Exemptions Foreclosure Foreclosure Fairness Act Mediation Mortgages Secondary Markets Small Lenders WA Supreme Court

Seattle Considers Development of Sharia-Compliant Financing

As the United States continues to become increasingly diverse with residents from different cultural backgrounds and religious faiths, financial institutions are working to find ways to provide both consumer and commercial...more

9/30/2015 - Affordable Housing Commercial Loans Financial Institutions Financing Interest Rates Sharia Law

IRS Releases Guidance on Taxability of Identity Protection Services

As companies and governmental entities increasingly do business and store sensitive information in online or cloud-based environments, the risk of improper disclosure continues to grow. The unprecedented breach of the United...more

8/18/2015 - Financial Institutions Identity Protection Services Identity Theft IRS OPM Personally Identifiable Information Popular Tax Liability

New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations

After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used by parties seeking deficiency...more

6/9/2015 - Affidavits Deficiency Judgments Evidence Foreclosure Mortgages

Borrowers Cannot Challenge Mortgage Assignments, Says Nebraska Joining Other States

Attacking sufficiency, accuracy, or validity of assignments of mortgages and deeds of trust has been among the most common strategies employed by borrowers to challenge foreclosures. Allegations regarding the status of MERS,...more

5/8/2015 - Assignments Deed of Trust Fannie Mae Foreclosure Mortgage Lenders Mortgages Standing

FDIC Releases New, Simplified Credit-Worthiness Tool

An integral component of the Dodd-Frank statutory framework was a mandatory, comprehensive evaluation by federal agencies of “any regulation issued by such agency that requires the use of an assessment of the...more

4/17/2015 - Banking Sector Dodd-Frank FDIC

FHFA Releases New Fannie Mae/Freddie Mac Instructions on Single-Family Seller/Servicer Oversight

On December 1, 2014, the Federal Housing Finance Agency (FHFA) released a new advisory bulletin with significant implications for “all entities that sell single-family mortgage loans to [Fannie Mae or Freddie Mac] or perform...more

12/5/2014 - Audits Banks Fannie Mae FHFA Financial Institutions Freddie Mac Mortgage Lenders Mortgage Servicers Single Family Housing

Merchandising 101: Missouri Supreme Court Addresses Applicability of State’s Merchandising Practices Act to Mortgage Loan...

Two new en banc opinions from the Supreme Court of Missouri, both released on August 19, 2014, may be of interest to mortgage loan servicers with borrowers in this state. The opinions — Conway v. CitiMortgage, Inc., ---...more

8/26/2014 - Loans Mortgage Servicers Mortgage Servicing Rules Mortgages

Rakoff Decision Supports Feds’ Broad Application of FIRREA

On August 16, 2013, Judge Jed S. Rakoff of the Southern District of New York issued a ruling in in United States v. Countrywide Financial Corp., No. 12 Civ. 1422, that will likely be relevant to any financial institution...more

8/28/2013 - False Claims Act (FCA) Fannie Mae FIRREA Freddie Mac Loans Mortgages

CFPB Issues Compliance Guides for New TILA, RESPA, and ECOA Requirements

In January 2013, the Consumer Financial Protection Bureau (“CFPB”) issued a number of new final rules to implement amendments to the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), and Equal...more

6/14/2013 - CFPB Compliance ECOA RESPA Truth in Lending Act (TILA)

CFPB Releases Plain Language Video Guides for New Mortgage Rules

In January 2013, the Consumer Financial Protection Bureau (CFPB) issued a series of new rules affecting the mortgage industry. These rules touch upon a wide variety of areas, including originations, appraisals, and servicing....more

5/17/2013 - CFPB ECOA HOEPA Loan Originator Compensation Rule Mortgage Servicing Rules Mortgages Truth in Lending Act (TILA)

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