Eleventh Circuit Court of Appeals Finds that “Dunning” Notice Enforcing a Security Interest May Give Rise to FDCPA Claim by BuckleySandler LLP on 5/23/2012 On May 1, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of an FDCPA claim, finding that the contents of a “dunning” notice from the lender’s foreclosing law firm...more
Should the board consult the owners before implementing changes ? (Part III) by Heenan Blaikie LLP on 5/23/2012 In our previous posts on this topic, we looked at the level of consultation required when the board contemplates renovation to the condominium or changes to the services provided to the owners. Last post dealt specifically...more
InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry. by BuckleySandler LLP on 5/23/2012 Topics In This Issue: Federal Issues - State Issues - Courts - Miscellany - Firm News - Mortgages - Banking - Consumer Finance - E-Commerce Excerpt from Federal Issues: Federal Prudential Regulators Issue Final...more
Amendment to the Administrative Code of the City of New York Requiring Mortgagees to Notify the Department of Housing Preservation... by Cullen and Dykman LLP on 5/22/2012 Introduction No. 501-A, titled A Local Law to amend the administrative code of the city of New York, in relation to notification by a mortgagee commencing an action to recover residential real property, was approved by the...more
REO to Rental: Treating the Symptoms and Not the Disease by Dechert LLP on 5/18/2012 Earlier this month I was a panelist at the HOPE NOW REO Symposium in DC. The Symposium brought together residential mortgage loan servicers, community non-profits, private equity investors, government agencies and lenders to...more
Massachusetts House of Representatives Advances Foreclosure Legislation by Mintz Levin on 5/18/2012 The Massachusetts House of Representatives yesterday unanimously passed House Bill 4087, “An Act to Prevent Unlawful and Unnecessary Foreclosures.” The bill is designed to get “borrowers and lenders to the table,” according...more
After the Fallout: Recent Trends in Residential Mortgage-Backed Securities Litigation by Quinn Emanuel Urquhart & Sullivan, LLP on 5/18/2012 Two governmental reports released this past year confirmed that the issuance and securitization of risky residential mortgage loans were critical factors in causing and fueling the financial crisis. See U.S. Senate...more
Significant Changes to California's Mechanics Lien Law Coming July 1, 2012 by Pillsbury Winthrop Shaw Pittman LLP on 5/17/2012 Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes. In September 2010, Governor Edmund G. Brown, Jr....more
CFPB wants comments on plans for testing mortgage servicing disclosures and collecting compliance cost information by Ballard Spahr LLP on 5/17/2012 Two recent notices published by the CFPB in the Federal Register shed some light on the CFPB’s plans for testing the mortgage servicing disclosures it’s developing and for collecting information about the potential compliance...more
Changes Coming to the IRIS Program by Sedgwick LLP on 5/16/2012 In response to mounting criticism, the Environmental Protection Agency’s (EPA) Integrated Risk Information System (IRIS) program is implementing several new changes. IRIS is a human health assessment program and database...more
IRS to Focus on Housing Counseling Agencies by Venable LLP on 5/16/2012 Earlier this year, the Internal Revenue Service’s (“IRS”) Exempt Organizations (“EO”) division unveiled its annual work plan. The plan highlights EO’s priorities for the year and is the best indicator of what the staff will...more
Florida Housing Industry: What Will the Future Hold? Experts Are Forecasting Growth in Rental Properties and Downsizing Lifestyles by Rosa Eckstein Schechter on 5/16/2012 Florida's housing industry has been one of the hardest hit in the country, and what happens to Florida housing markets impacts both residential and commercial real estate developments as well as many other sectors of the...more
FHFA Releases Draft Strategic Plan by Orrick, Herrington & Sutcliffe LLP on 5/16/2012 On May 14, the FHFA released its draft “Strategic Plan: Fiscal Years 2013-2017”, which has been updated to incorporate the strategic plan for the conservatorships of Fannie Mae and Freddie Mac. The draft plan sets four goals...more
InfoBytes, May 4, 2012 - A Weekly In-depth review of news & developments in the financial services industry. by BuckleySandler LLP on 5/15/2012 Topics In This Issue Federal Issues - State Issues - Courts - Miscellany - Firm News - Mortgages - Banking – Consumer Finance - Securities - E-Commerce Excerpt from Federal Issues: CFPB Announces Director of...more
Fannie Mae Announces New Document Custodian Requirements by BuckleySandler LLP on 5/15/2012 On May 9, Fannie Mae announced new requirements for document custodians with respect to compliance audits and certification practices. In Servicing Guide Announcement SVC-2012-08, Fannie Mae states that document custodians...more