Nicholas Agnello

Nicholas Agnello

Burr & Forman

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DC Circuit Keeps Alive Bank’s Constitutional Challenge to CFPB’s Existence

Most constitutional challenges to agency action arise as a defense to an enforcement action. However, State National Bank of Big Spring, Texas (the “Bank”) has led a constitutional challenge to the very existence and...more

7/30/2015 - Banking Sector Banks CFPB Dodd-Frank Financial Institutions Recess Appointments Richard Cordray

Third Federal Judge in a Row Declines to Follow Florida Appellate Opinion on Statute of Limitations for Mortgage Foreclosure

Florida’s Third District Court of Appeal shocked many court watchers with its opinion in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) when it created a split of...more

7/29/2015 - Bank of America Citibank Deutsche Bank Dismissal With Prejudice Financial Institutions Florida Foreclosure Mortgage Lenders Mortgages Popular Statute of Limitations

Burr Commentary: Third District Court of Appeal Adds to List of Solutions to Prior Servicer Business Records Issue

In Bank of America, N.A., v. Delgado, et al., 3D13-910 (Fla. 3d DCA May 6, 2015) the Third District Court of Appeal offered some relief to banks and loan servicers still reeling from the effects of Hunter v. Aurora Loan...more

5/14/2015 - Appeals Bank of America Business Records Hearsay Loan Documentation Mortgage Lenders Mortgage Servicers Mortgages

Burr Commentary: Florida’s 5th DCA Holds Prejudice Necessary to Show Defense Under Paragraph 22, Splits With Own Panels in Haberl...

In Gorel v. Bank of New York Mellon, 5D13-3272 (Fla. 5th DCA May 8, 2015) Florida’s Fifth District Court of Appeal offered relief to increasingly popular arguments using minor defects in paragraph 22 notices of default as a...more

5/14/2015 - Appeals Foreclosure Mortgage Lenders Notice of Default Prejudice

United States District Court Follows Bartram, Evergrene Partners, Rejects Beauvais as Outlier

In LNB-017-13, LLC v. HSBC Bank USA, N.A., 14-cv-24800-UU, 2015 WL 1546150 (S.D. Fla. April 7, 2015), Judge Ursula Ungaro revisited the familiar topic of the statute of limitations for mortgage foreclosure and previously...more

4/14/2015 - Action to Quiet Title Foreclosure HSBC Mortgages Statute of Limitations

Banking & Financial Service E-Note - January 2015

In this issue: - Denial of Plan Confirmation & Finality - Supreme Court's Resolution of Circuit Split May Apply to Chapter 11 - Third DCA Issues Opinion Defining When and How Acceleration Occurs and Addressing...more

2/11/2015 - Accelerated Payments Banking Sector Banks CFPB Chapter 11 Commercial Bankruptcy Credit Cards Debit Cards Dodd-Frank Payday Loans Regulatory Standards Retailers SCOTUS

Banking & Financial Services E-Note

In This Issue: - Appeals Court Says Dodd-Frank Clause Violates 1st Amendment - Basel Committee Eases Derivatives Rule for Banks - CFPB Revises International Money Transfer Rule - AG Seeks More Enforcement...more

5/1/2014 - Banks Bitcoins CFPB Cyber Attacks Cybersecurity Data Protection Derivatives Dodd-Frank FHA First Amendment Money Transfer Retailers

Banking & Financial Services E-Note - November 21, 2013

In This Issue: - CFPB Prepares New Rules Restricting Debt Collectors - CFPB, DOJ Team to Investigate Auto Dealers Over Financing Bias - CFPB Investigating Credit Card Rewards Programs - Consideration of...more

11/22/2013 - Automotive Loans CFPB Credit Cards Debt Collection DOJ Rewards Programs Student Loans Students

Litigation Exposure Under The 2013 Dodd-Frank Mortgage Servicing Regulations

In This Issue: - Introduction - Potential Litigation Exposure Under the New Mortgage Servicing Regulations Governing Responses to Borrower Inquiries ..Which of the New Servicing Regulations Governing Responses...more

11/8/2013 - Borrowers CFPB Dodd-Frank Dual Tracking Restrictions FDCPA Foreclosure Loss Mitigation Mortgage Loan Servicing Standards Mortgages RESPA TILA

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