Patrick D. Dolan

Patrick D. Dolan

Dechert LLP


Latest Publications

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Municipalities Continue to Advance Plans to Use Eminent Domain to Seize Underwater Residential Mortgages

A number of industry groups1 (the “Industry Groups”) raised concerns recently when Mortgage Resolution Partners (“MRP”) entered into contracts with two additional municipalities to formalize the use of eminent domain programs...more

6/4/2013 - Eminent Domain Fifth Amendment Investors Mortgages Municipalities Securitization

Basel Committee’s Proposed Revisions to the Securitization Framework

The Basel Committee on Banking Supervision (the “Basel Committee”) published a consultative document, “Revisions to the Basel Securitisation Framework” (the “Proposed Revisions”) on December 18, 2012, which proposes...more

5/28/2013 - Basel Committee Capital Requirements Credit Ratings Risk Management Securitization Vehicles

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

2/15/2013 - Burden of Proof Burden-Shifting Discriminatory Effects Rule Disparate Impact FHA HUD Legally Sufficient Justification

U.S. Consumer Financial Protection Bureau Seeks Comments to Proposed Amendments to the Ability-to-Repay Requirements and Qualified...

The U.S. Consumer Financial Protection Bureau (the “Bureau”) has released a proposal (the "Proposal") to amend the Bureau's recently issued final rules (the “Rules”) on the definition of a qualified mortgage (“QM”) and the...more

2/15/2013 - Ability-to-Repay Additional Classes of QM CFPB Exemptions Mortgages Qualified Mortgage Rule Rebuttable Presumption Threshold Safe Harbors

New Legislation Introduced to Allow Discharge of Private Student Debt

The Consumer Financial Protection Bureau (the “CFPB”) reported in 2012 that U.S. borrowers are burdened by more than $1 trillion in student debt, including over $150 billion of private student loans. According to TransUnion,...more

2/15/2013 - BAPCPA CFPB Federal Student Loans Private Student Loan Bankruptcy Fairness Act Private Student Loans Student Loans

Securities and Exchange Commission Report to Congress on Assigned Credit Ratings for Structured Finance Products

Recently the Staff of the Division of Trading and Markets (the “Staff”) of the U.S. Securities and Exchange Commission (the “Commission”) published a report to Congress outlining the findings from the study the Commission was...more

2/5/2013 - 15E(w) System 17g-5 System Credit Ratings Dodd-Frank Franken Amendment NRSRO SEC SEC Commissioner Structured Financial Products

Proposed FASB Rule Accelerating Recognition of Credit Loss

The Financial Accounting Standards Board (FASB) recently released an exposure draft (“Exposure Draft”) that proposes a new approach to accelerate the recognition of credit losses (“Proposed Rule”). The FASB perceives delayed...more

1/22/2013 - Credit Losses Financial Accounting Standards Board GAAP International Financial Reporting Standards Loans Secured Debt

U.S. Consumer Financial Protection Bureau Issues Rules on Qualified Mortgages and Ability to Repay

Congress in the Dodd-Frank Act responded to concerns about the quality of mortgage loans by establishing incentives for lenders to seek to ensure that borrowers had the ability to repay mortgage loans made to them. In...more

1/16/2013 - Ability-to-Repay Borrowers CFPB Damages Dodd-Frank Foreclosure Lenders Loans Mortgages Penalties Qualified Mortgage Rule Rebuttable Presumptions Safe Harbors TILA

CFTC Issues Broad Securitization Industry Relief on Commodity Pool Regulation

On Friday, December 7, 2012, the U.S. Commodity Futures Trading Commission (CFTC), through its Division of Swap Dealer and Intermediary Oversight (Division), issued a letter which provides broad relief for certain segments of...more

12/13/2012 - CFTC Commodity Pool No-Action Relief Securitization Vehicles Swap Dealers

Treasury Reports Improvements in Residential Mortgage Servicing

The U.S. Department of Treasury (Treasury) recently issued a report that reviewed the implementation of Treasury guidelines for streamlining distressed homeowners’ communications with mortgage lenders. The Treasury...more

12/4/2012 - Mortgages Servicing Policies Treasury

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