Foreclosure defense and bankruptcy often go hand in hand, but sometimes it seems like the left hand doesn’t talk to the right. This has proven especially common with bankruptcy plans that propose to “surrender” real property...more
8/13/2015
/ Banking Sector ,
Banks ,
Chapter 13 ,
Consumer Bankruptcy ,
Consumer Lenders ,
Financial Institutions ,
Foreclosure ,
Lenders ,
Loan Modifications ,
Mortgage Servicers ,
Mortgages
The UCC was supposed to make enforcing negotiable instruments a simpler, more streamlined process. It has proven anything but in Florida. Continuing a trend that now stretches back years, mortgage lenders have had an...more
8/11/2015
/ Bank Notes ,
Borrowers ,
Consumer Lenders ,
FDIC ,
Financial Institutions ,
Florida ,
Foreclosure ,
JPMorgan Chase ,
Lenders ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Receivership ,
Standing ,
Uniform Commercial Code (UCC) ,
Washington Mutual
On August 5, 2015, PHH Corp. (“PHH”) won a stay of the $109M penalty handed down by Consumer Financial Protection Bureau (“CFPB”) director Rich Cordray. Cordray’s aggressive legal reasoning and the harsh penalties he imposed,...more
8/10/2015
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Banking Sector ,
Banks ,
Captive Insurance Company ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Enforcement Actions ,
Financial Institutions ,
HUD ,
Insurance Industry ,
Kickbacks ,
Lenders ,
Mortgage Insurance ,
Mortgage Lenders ,
Mortgages ,
Motion To Stay ,
Penalties ,
Popular ,
Reinsurance ,
RESPA ,
Richard Cordray
The opinion of Florida’s Third District Court of Appeal in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) has been a lightning rod for criticism from federal courts in...more
8/5/2015
/ Bank of America ,
Borrowers ,
Citibank ,
Deutsche Bank ,
Dismissal With Prejudice ,
Financial Institutions ,
FL Supreme Court ,
Florida ,
Foreclosure ,
HSBC ,
Lenders ,
Loans ,
Mortgage Lenders ,
Mortgages ,
Residential Property Owners ,
Statute of Limitations ,
US Bank