Military Law, Finance & Banking, Commercial Law & Contracts

Spotlight On The SCRA (Part 2 Of 3): Ensuring Compliance

by BuckleySandler LLP on 5/20/2013

Recent enforcement activity has demonstrated the agencies have taken to viewing the SCRA as a strict liability statute. This shift in interpretation makes financial institutions legally responsible for compliance with the...more

Spotlight On The SCRA (Part 1 of 3): Increased Enforcement Activity

by BuckleySandler LLP on 5/13/2013

The Servicemembers Civil Relief Act (SCRA) is designed to provide protection for military members as they enter active duty. The Act has origins dating back to the Civil War, but was first solidified in 1940 with the passage...more

CFPB Issues Semiannual Servicemember Complaint Report

by BuckleySandler LLP on 5/13/2013

On May 1, the CFPB’s Office of Servicemember Affairs published its Semi-Annual Complaint Report, which states that the volume of complaints from servicemembers, veterans, and their families has steadily increased since the...more

The SCRA and Motor Vehicles - Auto Loans Vroom into the Forefront of Enforcement

by King & Spalding on 5/8/2013

In 2003, Congress passed the Servicemembers Civil Relief Act (SCRA or “Act”), which updated and replaced the Soldiers’ and Sailors’ Civil Relief Act. The SCRA has been described as the “greatest single statutory source of...more

CFPB issues report on servicemember complaints

by Barbara S. Mishkin | Ballard Spahr LLP on 5/3/2013

The CFPB’s Office of Servicemember Affairs has issued a report on complaints submitted by servicemembers, veterans or their spouses and dependents (“servicemember complaints”) over the period from January 1, 2012 through...more

TBTF Servicing: Another Issue for Originators to Consider

by Russell Koonin, Robert Siegel | Bilzin Sumberg Mortgage Repurchase Group on 4/18/2013

As widely reported recently, close to 1.2 million borrowers (about 30% of the more than 3.9 million households that faced foreclosure proceedings by the 11 leading financial institutions in 2009 and 2010), had to battle...more

DOJ Announces Payments Under 2011 SCRA Settlements

by BuckleySandler LLP on 4/12/2013

On April 4, the DOJ announced that two mortgage servicers will pay a combined $39 million to 316 servicemembers pursuant to SCRA settlements from 2011. Those settlement agreements resolved allegations that the mortgage...more

Fannie Mae Announces Numerous Servicing Policy Changes

by BuckleySandler LLP on 4/9/2013

On April 3, Fannie Mae issued Servicing Guide Announcement SVC-2013-07, which outlines policy updates regarding (i) lender-placed property insurance requirements, (ii) military indulgence reporting and reimbursement...more

Federal Grand Jury Returns Indictment For Alleged Servicemembers Civil Relief Act Violations

by BuckleySandler LLP on 4/4/2013

On March 28, the U.S. Attorney for the Northern District of Alabama announced that a federal grand jury had returned a two-count indictment against a used car dealer for violating the Servicemembers Civil Relief Act (SCRA)....more

Servicemembers Civil Relief Act: Provisions Affecting Banking Institutions

by Angela Beblo, Brienne Marco | Spilman Thomas & Battle, PLLC on 3/25/2013

According to December 2012 data from the federal Bureau of Labor Statistics, the unemployment rate for Gulf War Era veterans, hovering around eight percent, remains higher than the national rate. Over the last decade, more...more

Massachusetts Supreme Court Holds Standing In Servicemember Proceeding Requires Evidence Of Mortgagee Status

by BuckleySandler LLP on 1/25/2013

On January 14, the Massachusetts Supreme Judicial Court (SJC) reversed a Land Court decision and held that a trustee lacked standing to bring a servicemember proceeding because the trustee was not the clear holder of either...more

President Signs Bill Enhancing Enforcement Of The Military Lending Act

by BuckleySandler LLP on 1/14/2013

On January 2, President Obama signed H.R. 4310, the National Defense Authorization Act (NDAA) for Fiscal Year 2013, which includes provisions that enhance federal enforcement of the Military Lending Act (MLA). The MLA (i)...more

Congress passes bill giving CFPB authority to enforce Military Lending Act and creating civil liability for violations

by Alan S. Kaplinsky | Ballard Spahr LLP on 12/28/2012

The 2013 Defense Authorization Bill (H.R. 4310), currently awaiting signature by President Obama, makes several changes to the Military Lending Act. Last week, both the House and Senate agreed to the conference report....more

Dismissal of Putative Class Action Lawsuit for Alleged Violations of the Servicemembers' Civil Relief Act

by Keith S. Anderson, Robert Maddox, Michael R. Pennington | Bradley Arant Boult Cummings LLP on 12/12/2012

In a putative class action handled by Robert Maddox, Mike Pennington, and Keith Anderson, the Northern District of Alabama recently dismissed a lawsuit for alleged violations of the Servicemembers’ Civil Relief Act (“SCRA”)....more

Student Loans: Some Issues to Consider

by Cozen O'Connor on 11/2/2012

Although these are not the only aspects of student loan policy that will come up in the next legislative session, these issues will drive the discussion regarding student loans. Student loan debt is being reported as the...more

CFPB issues report on servicemember student loan debt

by Ballard Spahr LLP on 10/25/2012

A new CFPB report titled “The Next Front? Student Loan Servicing and the Cost to Our Men and Women in Uniform” focuses on repayment issues faced by servicemembers with private and federal student loans. One of the report’s...more

State Law Update: Illinois Enacts Servicemember Protections

by BuckleySandler LLP on 8/20/2012

On August 9, Illinois enacted SB 3287, a bill to expand and create various new protections for servicemembers. The bill clarifies the scope of coverage of servicemember protections by amending the definition of “military...more

OCC and DOJ Announce SCRA Enforcement Action Against a National Bank

by BuckleySandler LLP on 7/31/2012

On July 26, the OCC and the DOJ announced resolution of actions brought against a national bank for alleged violations of the Servicemembers Civil Relief Act (SCRA). The DOJ filed a complaint and consent order in the U.S....more

Spotlight on Auto Finance (Part 2 of 3): New Database to Combat Fraud Against Military and Veterans

by BuckleySandler LLP on 5/23/2012

The federal government is increasing scrutiny of financial services companies’ practices affecting active military members, veterans and their families. Earlier this year, the CFPB along with the FTC, the Department of...more

Auto Finance May Be DOJ’s Next Focus in SCRA Enforcement

by Ballard Spahr LLP on 5/17/2012

The Department of Justice’s recent announcement that two towing companies have settled an action alleging violations of the Servicemembers Civil Relief Act (SCRA) may portend further SCRA enforcement actions by the DOJ in the...more

U.S. Army Solicits Industry Feedback for $7 Billion in Upcoming Renewable Power Contracts

by Wilson Sonsini Goodrich & Rosati on 3/6/2012

In support of the U.S. Army's Net Zero Initiative and in partnership with the Energy Initiative Task Force (EITF), the U.S Army Engineering and Support Center in Huntsville has invited public comment on a draft Request for...more

North Carolina Legislative Update: Session Law 2010-190

by Poyner Spruill LLP on 9/28/2010

The 2010 North Carolina General Assembly adopted an ACT TO PROHIBIT FORECLOSURES UNDER POWER OF SALE WHILE MORTGAGORS OR TRUSTORS ARE ON ACTIVE MILITARY DUTY. This act applies only to foreclosures under power of sale which...more

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Military Law › Finance & Banking › Commercial Law & Contracts