Philip R. Stein

Philip R. Stein

Bilzin Sumberg Baena Price & Axelrod LLP

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Banks Get Big Win in Challenge to New York Ordinance

Many big cities in the United States responded to the fallout from the 2008 financial crisis by passing local laws which pressure banks to invest more in low-income neighborhoods. Between 2010 and 2013, cities such as New...more

9/28/2015 - Affordable Housing Bank of America Banking Sector Banks Citibank Community Reinvestment Act CRA Data Collection Financial Institutions Financial Regulatory Reform Financial Sector Foreclosure JPMorgan Chase Mortgages Residential Real Estate Market

Wells Fargo Ends Marketing Services Arrangements with Builders

Concerned about “increasing uncertainty surrounding regulatory oversight of these types of arrangements,” Wells Fargo is ending all of its roughly 200 mortgage marketing services and desk rental agreements with builders and...more

8/11/2015 - Banking Sector Banks Borrowers CFPB Construction Industry Consumer Lenders Financial Institutions Financial Services Industry Home Buyer HUD Kickbacks Lenders Loans Mortgage Servicers Mortgages Real Estate Brokers Real Estate Market Regulatory Oversight RESPA Wells Fargo

Mid-2015 Mortgage Crisis Update – The Repurchase Demands Continue

In the aftermath of the financial crisis, Fannie Mae and Freddie Mac aggressively demanded Wall Street and big bank aggregators (“aggregators”) repurchase millions of defaulted and distressed loans, due to purported breaches...more

6/12/2015 - Banking Crisis Banking Sector Citibank Fannie Mae Freddie Mac GSE Mortgage Lenders Mortgage Loan Aggregators Mortgage Loan Originators Mortgages Repurchases Settlement Agreements

Quicken Loans Takes on the DOJ & HUD

Quicken Loans, the nation’s largest Federal Housing Administration (FHA)-backed mortgage lender, filed suit on Friday, April 17 in the United States District Court in Detroit against the United States Department of Justice...more

4/28/2015 - Consumer Lenders Counterclaims DOJ FHA HUD Mortgages Quicken Loans

Fraud Verdict Against Countrywide & BofA Upheld

BofA’s “hustling” attempt to overturn a $1.27 billion judgment against it and Countrywide—along with the individual defendant identified in the next paragraph, the “Defendants”—in the U.S. District Court for the Southern...more

2/24/2015 - Bank of America Countrywide DOJ Fannie Mae Fraud Freddie Mac Mortgage Loan Originators Mortgages

Supreme Court Eases Requirements for Homeowners Rescinding Mortgages

The U.S. Supreme Court recently held in Jesinoski v. Countrywide Home Loans, Inc. that borrowers exercising their right to rescind mortgages under the Truth in Lending Act (“TILA”) only need to provide written notice to...more

1/26/2015 - Bank of America Jesinoski v Countrywide Mortgage Lenders Mortgages Regulation Z Rescission SCOTUS Statute of Limitations TILA Written Notice

BofA Underwater Mortgage Cases Hit Supreme Court

The U.S. Supreme Court will hear two cases brought by Bank of America regarding whether a second mortgage on an underwater property can be voided during Chapter 7 bankruptcy. Both cases involve Florida homeowners who sued to...more

11/21/2014 - Bank of America Chapter 7 Consumer Bankruptcy Mortgage Priority Mortgages Popular SCOTUS Underwater Homeowners

Regulators Increase Scrutiny of Wall Street Lending

Federal bank regulatory agencies are significantly increasing their scrutiny of Wall Street bank lending, moving from annual reviews to a system of monthly audits in a major effort to curtail aggressive underwriting...more

10/15/2014 - Audits Banks Mortgages Repurchases Underwriting Wall Street

In The Cross-Hairs? Protecting Your Company Against Consumer Financial Protection Bureau Investigations and Investors' Mortgage... [Video]

Watch an in-depth webinar presented by Litigation Partner Philip R. Stein, about the Consumer Financial Protection Bureau's attempts to expand its jurisdiction and authority over consumer finance companies and financial...more

10/10/2014 - CFPB Consumer Financial Products Credit Reporting Agencies Enforcement Financial Institutions Jurisdiction Lending Mortgages Nonbank Firms

Servicer’s Error Leads to $16 Million Award

Kate Berry reported in American Banker and SourceMedia’s National Mortgage News on how a $616 servicing error snowballed into a $16 million jury verdict. It was reported that a jury last month awarded $514,000 in compensatory...more

8/19/2014 - Banks Loan Servicing Mortgages Punitive Damages

Citigroup Settles with DOJ for $7 Billion

Citigroup announced last week that it will pay $7 billion to end an investigation by the U.S Department of Justice into misconduct related to its mortgage securitization practices. The blockbuster settlement came days before...more

7/23/2014 - Attorney Generals Citigroup DOJ FDIC Mortgage-Backed Securities Mortgages Settlement

Main Street Cashes $3.1 Billion in Checks from Wall Street

With the mortgage crisis almost a decade in the rear-view mirror, some harmed homeowners are just now starting to see reparations for the transgressions of the country’s largest financial institutions. ...more

7/17/2014 - Bank of America Banks Citigroup Foreclosure Goldman Sachs JPMorgan Chase Morgan Stanley Mortgages OCC Robo-Signing Settlement Wall Street Wells Fargo

Robo-Signing Still Making Headlines As Wells Fargo Settles Another Lawsuit

“Robo-signing,” the term coined to refer to bank officials who quickly approved mortgage foreclosure documents without actual knowledge of the validity of the grounds for foreclosure, has been spurring lawsuits and making...more

6/3/2014 - Banks Foreclosure Mortgages Popular Robo-Signing Settlement Signatures Wells Fargo

Aurora Resolves Mortgage Modification Class-Action Lawsuit for $5.3 Million

A former goliath of the non-prime lending market, Aurora Loan Services, LLC (“ALS”), recently resolved a class-action lawsuit alleging that it fraudulently induced distressed California borrowers to enter into purported...more

5/29/2014 - Aurora Banks Class Action Fraud Fraudulent Inducement Loan Modifications Mortgages

Justice Department Keeps its Distance From Szymoniak Mortgage Fraud Lawsuit

As detailed in an August 2013 Salon article by David Dayen and a September 2013 Bloomberg Businessweek article by Karen Weise, West Palm Beach, Florida homeowner and attorney Lynn Szymoniak helped blow the whistle on...more

4/30/2014 - DOJ Fraud Mortgages

First Horizon Reaches Mortgage Loan Settlement With Freddie Mac

There is now yet another settlement in the mortgage loan industry to report. First Horizon National Corp. announced last week that it has entered into a definitive resolution agreement with Freddie Mac regarding loan...more

3/4/2014 - Freddie Mac Mortgages Settlement

Federal Court Follows Recent Statute of Limitations Decision for Mortgage Buyback Claims

We recently posted about a critical ruling out of New York’s intermediate state appellate court, the case of ACE Securities Corp. v. DB Structured Products, Inc., 977 N.Y.S.2d 229, 231 (N.Y.A.D. 1st Dept. Dec. 19, 2013). In...more

2/3/2014 - Buyback Programs Mortgage Loan Originators Mortgage Loan Servicing Standards Mortgage-Backed Securities Mortgages Statute of Limitations

Mortgage Crisis Penalty for the Real Wolves of Wall Street Could Top $50 Billion

The real wolves of Wall Street–sixteen of America’s largest banks–could end up shelling out more than $50 billion to secure settlements from the federal government in connection with their alleged roles in the mortgage...more

1/17/2014 - Banks Economic Downturn Financial Crimes Mortgages Settlement Wall Street

NY Appellate Court Reverses Decision on Statute of Limitations for Mortgage Buyback Claims

On December 19, 2013, correspondent lenders were the beneficiaries of a long-awaited common sense ruling on when the statute of limitations begins to run under New York law for purposes of a mortgage buyback claim. The...more

12/24/2013 - Buyback Programs Data Breach Plans Lenders Misrepresentation Mortgages Putback Claims Real Estate Market Repurchases Statute of Limitations Tolling

CFPB Sues Mortgage Insurer Over Illegal Kickback Scheme

It looks like yet another illegal kickback scheme involving mortgage insurance has been uncovered in the residential mortgage industry. Recently the Consumer Financial Protection Bureau (“CFPB”) filed a lawsuit in the U.S....more

12/17/2013 - CFPB Insurers Kickbacks Mortgage Loan Originators Mortgages

Bank of America and Freddie Mac Settle Mortgage Loan Claims

Add yet another major settlement to the still-growing list of huge payouts by the nation’s largest banks to settle claims over toxic mortgage-backed securities. Bank of America has now agreed to pay $404 million to Freddie...more

12/6/2013 - Bank of America FHFA Freddie Mac Mortgage-Backed Securities Mortgages

JPMorgan Chase Agrees to $13 Billion Settlement with the U.S. Justice Department for Knowingly Selling Toxic Mortgage-Backed...

On Tuesday, the United States Justice Department announced that it finalized a settlement agreement with JPMorgan Chase for $13 billion. This settlement will resolve a multitude of state and federal investigations into...more

11/21/2013 - DOJ JPMorgan Chase Mortgage-Backed Securities Mortgages Settlement

Wells Fargo Settles Mortgage Claims With FHFA For Close To $1 Billion

Add another mega-settlement to the rapidly growing list of huge payouts by the nation’s largest banks to federal agencies. Wells Fargo reportedly has now agreed to pay the Federal Housing Finance Agency (FHFA), which oversees...more

11/5/2013 - Fannie Mae FHFA Freddie Mac Mortgages Settlement Wells Fargo

FHFA’s $5.1 Billion Settlements With J.P. Morgan Chase

On October 25, 2013, the Federal Housing Finance Agency (“FHFA”), as conservator of Fannie Mae and Freddie Mac, announced that it will receive settlement payments of $5.1 billion with J.P. Morgan Chase & Co. in connection...more

10/29/2013 - Fannie Mae FHFA Freddie Mac JPMorgan Chase Mortgage-Backed Securities Mortgages Settlement

BofA’s Countrywide Found Responsible For Defrauding Fannie Mae & Freddie Mac

A federal jury ruled yesterday that Countrywide, now owned by Bank of America, defrauded Fannie Mae and Freddie Mac by selling them defective mortgages in advance of the great financial crisis of 2008. A former Countrywide...more

10/25/2013 - Bank of America Compliance DOJ Fannie Mae Fraud Freddie Mac Mortgages SEC Subprime Mortgages

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