Finance & Banking, Alternative Dispute Resolution (ADR), Residential Real Estate

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

by Richard J. Andreano, Jr., Alan S. Kaplinsky, Mark J. Levin, Jeremy T. Rosenblum | Ballard Spahr LLP on 5/17/2013

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

Mortgage Foreclosure Mediation Program Terminated By Florida Supreme Court

by Messer & Caparello, P.A. on 4/4/2013

Florida has the highest foreclosure rate in the country, with some sources showing a 3.11% foreclosure rate in 2012 – more than double the national average. At the end of 2009, with nearly 500,000 pending foreclosures and a...more

Dodd-Frank News - March 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

by Rachel Cash, David Elliott, Kristin Peters, Jordan Teague | Burr & Forman on 3/27/2013

In This Issue: - Recent Cases ..CFTC Jurisdiction Under the Commodity Exchange Act ..Dodd-Frank Amendment to the TILA ..Preemption ..Say-On-Pay Voting ..Pre-Dispute Arbitration Agreements ...more

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

Illinois Adopts Court Rules Governing Foreclosure Cases

by BuckleySandler LLP on 3/5/2013

On February 22, the Illinois Supreme Court announced additional rules governing the state’s home foreclosure process. The three rules, respectively, (i) add requirements for mortgage foreclosure mediation programs in state...more

Oregon Finalizes Foreclosure Avoidance Mediation Program Rules

by BuckleySandler LLP on 2/25/2013

On February 1, the Oregon Department of Justice published final rules to implement the foreclosure avoidance mediation program established by legislation enacted in April 2012, which requires beneficiaries to (i) enter into...more

CFPB issues final rules on incentives and mandatory arbitration

by Joey Tsu-Yi Chen, Donald Rea | Saul Ewing LLP on 1/28/2013

The CFPB issued final rules reducing the financial incentives for loan officers and brokers in "risky and high-cost" consumer loans and toughening qualification standards for loan originators....more

CFPB Issues Final Rule on Loan Originator Compensation Requirements

by Richard J. Andreano, Jr., John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 1/23/2013

The CFPB has issued a final rule to incorporate Dodd-Frank requirements into the existing Regulation Z loan originator compensation rule that applies to mortgage loans....more

Bankruptcy Law Update - December 2012

by Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure | Pullman & Comley, LLC on 12/21/2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

Alternative Dispute Resolution: Arbitration

by Schecter Law on 11/7/2012

With the rising popularity of alternative dispute resolution, more contractual agreements are including mandatory arbitration clauses....more

CLIENT ALERT: Adherence to 90-Day Rule Crucial For Lenders Seeking Deficiency Judgments

by J. Henk Taylor | Lewis and Roca LLP on 10/25/2012

Filing Timely Lawsuit Protects Lenders When Arbitration Fails - Lenders holding loans secured by deeds of trust against real estate in Arizona are likely aware of their limited window of opportunity to seek a...more

Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy

by Schecter Law on 9/25/2012

On September 19, 2012, the Third District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy...more

State Law Update: Recent Changes in Maryland, Minnesota, and Mississippi

by BuckleySandler LLP on 5/7/2012

Maryland Adds Foreclosure Registration Requirement, Authorizes Pre-file Mediation, Amends Mortgage Licensing. On May 2, Maryland Governor O’Malley signed House Bill 1373, which establishes a state foreclosed property...more

Foreclosure Mediation Program Encouraging Judicial Review of Mediations

by Snell & Wilmer L.L.P. on 3/23/2012

Nevada’s Foreclosure Mediation Program recently began sending a form letter (the Letter) to homeowners shortly after participation in the Foreclosure Mediation Program. A copy of the Letter is included on the next page. The...more

Oregon Legislature Changes Non-Judicial Foreclosure Procedures Governor Expected to Sign SB 1552 B Into Law

by Lane Powell PC - Finance Law on 3/8/2012

The Oregon Legislature approved Senate Bill 1552 on March 5, 2012, which will require mortgage lenders to meet new requirements to effectuate a non-judicial foreclosure, including mandatory mediation. Additionally, it will...more

Florida Supreme Court Admits Failure of Its Residential Mortgage Mediation Program: Sad News for Florida as Foreclosure Crisis...

by Rosa Eckstein Schechter on 12/22/2011

There's no label other than failure to place upon the Florida plan for mediation of residential mortgage foreclosures now that Chief Justice Charles Canady signed the Florida Supreme Court's administrative order gutting the...more

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Finance & Banking › Alternative Dispute Resolution (ADR) › Residential Real Estate

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

Mortgage Foreclosure Mediation Program Terminated By Florida Supreme Court

Dodd-Frank News - March 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

Financial Services Report - Spring 2013

Illinois Adopts Court Rules Governing Foreclosure Cases

Oregon Finalizes Foreclosure Avoidance Mediation Program Rules

CFPB issues final rules on incentives and mandatory arbitration

CFPB Issues Final Rule on Loan Originator Compensation Requirements

Bankruptcy Law Update - December 2012

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

Alternative Dispute Resolution: Arbitration

CLIENT ALERT: Adherence to 90-Day Rule Crucial For Lenders Seeking Deficiency Judgments

Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy

State Law Update: Recent Changes in Maryland, Minnesota, and Mississippi

Foreclosure Mediation Program Encouraging Judicial Review of Mediations

Oregon Legislature Changes Non-Judicial Foreclosure Procedures Governor Expected to Sign SB 1552 B Into Law

Florida Supreme Court Admits Failure of Its Residential Mortgage Mediation Program: Sad News for Florida as Foreclosure Crisis...

Financial Services Report -- Winter 2012

City Councils Impose Greater Liability on Mortgagees and Securitization Trustees

JAMS Dispute Resolution Alert - Fall 2011

Financial Services Report - Fall 2011

Foreclosure Fairness Act - Recent legislation adds a new mediation step to the foreclosure process.

NEWSLETTER BARRO LAW FIRM - FAMILY GOVERNANCE CODES

Financial Services Report - Volume 11, No. 1 - Summer 2011

A Different Approach to Foreclosure

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