Arizona High Court Rejects ‘Show Me the Note’ Claim in Foreclosure Litigation by Ballard Spahr LLP on 5/23/2012 Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or “show the note” before a trustee may commence a non-judicial foreclosure, the Arizona Supreme Court has ruled. The May...more
FHFA Seeks Public Comment on Strategic Plan by BuckleySandler LLP on 5/23/2012 On May 14, the Federal Housing Finance Agency released for public comment a draft strategic plan for fiscal years 2013-2017. The draft plan updates FHFA’s existing strategic plan document to incorporate a proposal sent to...more
Fannie Mae & Freddie Mac Announce Numerous Selling Guide Updates by BuckleySandler LLP on 5/23/2012 On May 15, Fannie Mae issued Selling Guide Announcement SEL-2012-04, which includes numerous changes to various Selling Guide topics. To address questions from lenders, the Announcement enhances and clarifies certain DU Refi...more
State Law Update: Mortgage Law Changes in Alabama & West Virginia by BuckleySandler LLP on 5/23/2012 Alabama Enacts Residential Mortgage Satisfaction Act. On May 3, Alabama enacted Senate Bill 347, which establishes procedures by which a borrower can obtain a payoff statement for a residential mortgage, including the form of...more
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
In Florida Real Estate, The Question is Where to Invest - Not If, or When: Toll Brothers, NuWire Give Their Views on Top Florida... by Rosa Eckstein Schechter on 5/23/2012 Looks like Florida is getting popular in real estate investment circles again. Builders are building, planning to build, looking for places to build. It's an amazing thing to consider, given the past few years of dire...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
MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules by Ballard Spahr LLP on 5/22/2012 The California Court of Appeal has ruled that the Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust. In its May 17, 2012, opinion...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
Borrower's "Show Me The Note" Argument Fails To Halt Foreclosure by Sheppard Mullin Richter & Hampton LLP on 5/21/2012 In Debrunner v. Deutsche Bank Nat. Trust Co. (Cal.App. 6 Dist., 2012) --- Cal.Rptr.3d ----, 2012 WL 883128, the California Court of Appeal affirmed the dismissal of a complaint for wrongful foreclosure with prejudice, holding...more
More Florida Real Estate Upswing: Meritage Homes Is Building $40 Million Custom Home Community in Lake Nona Area of Central... by Rosa Eckstein Schechter on 5/18/2012 Here's another piece of evidence that Florida real estate is bouncing back: national builder Meritage Homes has announced that it will be developing a new community of custom-build homes near Medical City, in the Lake Nona...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
Mortgage Delinquency Rate Falls To 2008 Levels, And Other Good Housing News by Bilzin Sumberg Baena Price & Axelrod LLP on 5/18/2012 According to a report , released May 16th from the Mortgage Bankers Association (“MBA“), the U.S. mortgage delinquency rate declined in the first quarter of 2012 to the lowest level since 2008. Specifically, the...more