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
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
Discharging Rent Arrears in Bankruptcy by Frank Pipitone on 5/16/2012 Many people with past due rent arrears find relief through the bankruptcy process. In addition, a bankruptcy filing invokes the automatic stay and could be used as a powerful tool to combat a potential eviction proceeding. ...more
Construction Oberview: Maryland Court of Appeals Rules that Consumer Protection Act Applies to Condominium Resale Disclosures by Ober|Kaler on 5/14/2012 In a unanimous opinion filed on April 30, 2012, the Maryland Court of Appeals has established that provisions of the Maryland Consumer Protection Act apply to the information contained in a condominium resale certificate. The...more
State Law Update: Oklahoma, Georgia, New York by BuckleySandler LLP on 5/14/2012 On May 1, Oklahoma enacted House Bill 2742, which amends the state’s Uniform Consumer Credit Code. The bill increases the dollar threshold for transactions exempt from the Code from $45,000 to $50,000 and requires that the...more
CFPB Outlines Potential Mortgage Loan Originator Compensation and Qualification Rules by BuckleySandler LLP on 5/14/2012 On May 9, the Consumer Financial Protection Bureau (CFPB) outlined in its outreach materials to small business representatives its proposals to implement the loan originator compensation provisions of the Truth in Lending Act...more
CFPB announces plans for mortgage loan origination standards; issues guidance on transitional licensing for originators by Ballard Spahr LLP on 5/11/2012 The CFPB’s focus on mortgage reform is again in the spotlight with the CFPB’s announcement yesterday of some of its plans for implementing the residential mortgage loan originator compensation provisions in Title XIV of the...more
Date’s remarks underscore Bureau’s focus on mortgage reform by Ballard Spahr LLP on 5/11/2012 On the heels of Director Cordray’s remarks about the CFPB’s focus on debt collection Deputy Director Raj Date spoke to mortgage industry members at MBA’s National Secondary Market Conference in New York City on May 7, 2012...more
CFPB Announces Planned Mortgage Loan Origination Standards: Loan Originator Compensation and Origination Issues to be Addressed by Ballard Spahr LLP on 5/10/2012 The Consumer Financial Protection Bureau announced yesterday that it will propose residential mortgage loan origination standards this summer, with a goal of adopting final rules in January 2013. The standards will address...more
The SAR catches a RAT by Jonathan Foxx on 5/10/2012 Can a SAR catch a RAT? In its just released review of Suspicious Activity Report (SAR) trends, tips, and issues, FinCEN included a brief, but illustrative statement about how a SAR filing eventually led to an indictment...more
Critic of MERS and Payday Lending Joins CFPB by Ballard Spahr LLP on 5/8/2012 Christopher L Peterson, the Associate Dean for Academic Affairs and Professor of Law at the S.J. Quinney College of Law of the University of Utah, has taken a leave of absence to become (as of yesterday) an “Enforcement...more
BuckleySandler Files Amicus Brief on Behalf of Industry Groups in Tenth Circuit TILA Case by BuckleySandler LLP on 5/7/2012 On May 3, BuckleySandler filed an amicus brief on behalf of three industry trade groups in a Tenth Circuit case addressing the right to rescind a mortgage under the Truth in Lending Act. The CFPB previously filed an amicus...more
FDIC Issues Statement Regarding Applicability of CFPB Mortgage Compensation Rules by BuckleySandler LLP on 5/7/2012 On April 17, the FDIC issued Financial Institution Letter 2012-02 to apply the recent CFPB guidance on compensation for mortgage originators to FDIC-regulated institutions. The statement directs covered institutions to ensure...more
What should I do if I dispute the amount that I owe to a creditor? by George Bourguignon on 5/4/2012 If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more
Trade groups weigh in (again) on qualified mortgage rule by Ballard Spahr LLP on 5/3/2012 Among the most anxiously awaited final rules to be issued by the CFPB is the rule implementing the provisions in Title XIV of the Dodd-Frank Act that amended the Truth in Lending Act to create new ability to repay...more