Matthew Lowe

Matthew Lowe

K&L Gates LLP

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Latest Publications


Against the Tide: A New Take on RESPA’s Section 8(c)(2) Safe Harbor by the CFPB

Grab a flotation device – the final decision recently issued by Director Richard Cordray of the Consumer Financial Protection Bureau (“CFPB”) in the administrative enforcement proceedings against PHH Corp....more

8/6/2015 - CFPB HUD Kickbacks Loans Mortgage Lenders Mortgages Real Estate Market Real Estate Settlement Procedures Act Reinsurance RESPA Safe Harbors

Massachusetts Supreme Judicial Court Rejects Municipal Foreclosure Ordinances

Can a Massachusetts municipality impose ordinances on banks that are more onerous than existing statewide law? In a recent landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) answered “no.” In Easthampton...more

1/15/2015 - Banks Foreclosure Local Ordinance Mortgage Lenders Mortgages Municipalities Preemption

Removing a Barrier: The Supreme Court Holds That, Under CAFA, Notices of Removal Need Not Include Evidence Supporting the Amount...

On December 15, 2014, the United States Supreme Court held in Dart Cherokee Basin Operating Co., LLC v. Owens that a class action defendant need only allege the requisite amount of controversy “plausibly” in the notice of...more

12/22/2014 - Amount in Controversy CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Jurisdiction Federal Jurisdiction Jurisdiction Removal SCOTUS

All or Nothing? The U.S. Supreme Court to Address Whether Evidence In Support of Removal Must Be Submitted with the Notice of...

On April 7, 2014, the United States Supreme Court granted the petition for writ of certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (“Dart Cherokee”), to address whether a defendant must include...more

4/15/2014 - CAFA Certiorari Class Action Dart Cherokee Basin Operating Co. v. Owens Jurisdiction Notice Requirements SCOTUS

Penmanship Lesson: Technical Defects in Massachusetts Pre-foreclosure Letters Not Grounds For Voiding Foreclosures

In a victory for common sense, the Massachusetts Supreme Judicial Court (the “SJC”) has held that MASS. GEN. LAWS ch. 244 § 35A (“Section 35A”) does not relate to “the foreclosure of mortgages by the exercise of a power of...more

3/27/2014 - Foreclosure Mortgages

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the...more

3/26/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument in Knowles v. Standard Fire Insurance...

Whether a putative class representative can block removal of his case to federal court by stipulating that class damages will not exceed the jurisdictional minimum under the Class Action Fairness Act (“CAFA”) will be...more

2/7/2013 - CAFA Class Action Forum Shopping Jurisdiction Removal SCOTUS Standard Fire

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