Residential Real Estate, Alternative Dispute Resolution (ADR)

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

by Loeb & Loeb LLP on 5/22/2013

The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more

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

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...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

Neutrals create streamlined process for resolving natural disaster cases

by JAMS, The Resolution Experts on 4/4/2013

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

by Michael Walsh | Sedgwick LLP on 4/2/2013

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more

New Jersey Establishes a Mediation Program for Open Superstorm Sandy Insurance Claims, Notice of Which Must Be Provided to...

by Richard Bennett | Cozen O'Connor on 3/29/2013

New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...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

New York Promulgates Emergency Mediation Regulation for Storm Sandy Claimants

by Frederic M. Garsson, Edward Roslak | Saul Ewing LLP on 3/4/2013

New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at...more

Should You Sue Your Contractor?

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 3/1/2013

Suppose you decided to have some work done in your house – you planned what you’d like to do, you found a contractor, signed a contract, and the contractor started work....more

Dispute Resolution Boards: Understanding Their Form, Function and Benefits

by Kimberly Gessner | Fowler White Boggs P.A. on 2/26/2013

There is a growing trend in Construction leaning towards “preventative law” in the shape of what is referred to as Dispute Resolution Boards (“DRB”), resulting in saving time, project costs, and legal fees both during and...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

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

by David J. McMahon | Barger & Wolen on 2/14/2013

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

Florida Dispute Resolution Update: Arbitration Or Litigation Of A Fraud Dispute Stemming From A Real Property Purchase...

by Neha Dagley | Schecter Law on 2/11/2013

The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property. George Jackson, et al. v. The Shakespeare Foundation, Inc.,...more

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Residential Real Estate › Alternative Dispute Resolution (ADR)

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

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

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

Mortgage Foreclosure Mediation Program Terminated By Florida Supreme Court

Neutrals create streamlined process for resolving natural disaster cases

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

New Jersey Establishes a Mediation Program for Open Superstorm Sandy Insurance Claims, Notice of Which Must Be Provided to...

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

New York Promulgates Emergency Mediation Regulation for Storm Sandy Claimants

Should You Sue Your Contractor?

Dispute Resolution Boards: Understanding Their Form, Function and Benefits

Oregon Finalizes Foreclosure Avoidance Mediation Program Rules

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

Florida Dispute Resolution Update: Arbitration Or Litigation Of A Fraud Dispute Stemming From A Real Property Purchase...

Construction OberView: Ober|Kaler Obtains Confirmation of Significant Arbitration Award for Condo Unit Owner’s Claim

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

CFPB issues final rules on incentives and mandatory arbitration

CFPB Issues Final Rule on Loan Originator Compensation Requirements

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

Bankruptcy Law Update - December 2012

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

South Florida, Prime Destination for Litigants Seeking Evidence in Foreign Proceedings

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

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