Residential Real Estate, Finance & Banking, Conflict of Laws

Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission...

by Christopher Hart, Stephen J. Shapiro | Schnader Harrison Segal & Lewis LLP on 3/18/2013

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It...more

Ninth Circuit Affirms Dismissal Of Unfair Competition Claims Over Teaser Rates

by BuckleySandler LLP on 1/21/2013

On January 9, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a putative class action against a national bank over its adjustable rate mortgage disclosure and payment application....more

Valuation of Common Areas for Property Tax Purposes

by Snell & Wilmer L.L.P. on 10/15/2012

Originally published in the September/October 2012 30th Anniversary Issue of The Journal of State Taxation. James M. Susa focuses on the tax valuation of common areas within a planned community, noting that, while most...more

Federal District Court Holds Federal Law Preempts Massachusetts’ Statutory Limits On Mortgage Insurance

by BuckleySandler LLP on 10/8/2012

On September 21, the U.S. District Court for the District of Massachusetts held that the Federal Homeowners Loan Act preempted a Massachusetts law that forbids lenders from requiring borrowers to purchase insurance greater...more

The Tenth Circuit holds that ability to repay is not a pleading requirement for a TILA rescission claim

by Saul Ewing LLP on 8/3/2012

The U.S. Court of Appeals for the Tenth Circuit held that a TILA rescission claim is not subject to dismissal on an initial motion to dismiss for failure to expressly plead the ability to repay loan proceeds. The U.S....more

Financial Services Report -- Spring 2012

by Morrison & Foerster LLP on 4/2/2012

In this issue Beltway Report; Bureau Report; Mortgage Report; Operations Report; Privacy Report; Plastics Report; and Preemption Report. Excerpt from Beltway Report Bend Over, Cough On January 23,...more

Got Pot? The Feds Try to Make Mortgagee Banks Liable Under the Crack House Statute

by Sheppard Mullin Richter & Hampton LLP on 1/24/2012

Banks holding mortgages now have one more thing to worry about: potential criminal and civil liability and forfeiture under the federal “crack-house” statute. Sound crazy? Read on, because late last year the four U.S....more

OCC and OTS: Policy Integration

by Jonathan Foxx on 12/9/2011

On December 8, 2011, the Office of the Comptroller of the Currency (OCC) issued a bulletin that outlines the process which the OCC intends to follow to fully integrate the Office of Thrift Supervision (OTS) policy guidance...more

Bureau of Consumer Financial Protection Narrows Federal Preemption of Mortgage Lending Laws

by Miller & Martin PLLC on 9/29/2011

Among the many changes made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) were changes to the Alternative Mortgage Transaction Parity Act (“AMTPA”). AMTPA, a federal law that has been in...more

Partial “Dirt-for-Debt” Plans in Chapter 11: the “Indubitable Equivalence” Debate

by Poyner Spruill LLP on 8/8/2011

One consequence of the depressed real estate market has been numerous Chapter 11 bankruptcy cases wherein the debtor seeks confirmation of a “dirt-for-debt” plan. In such a plan, instead of paying the secured creditor the...more

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

by Morrison & Foerster LLP on 6/3/2011

In this issue: Arbitration Report; Beltway Report; Operations Report; Mortgage Report; Privacy Report; and Preemption Report. Weird things happened this quarter that read like plot devices that couldn’t get past the...more

Financial Services Report - Volume 9, No 1. Winter 2010

by Morrison & Foerster LLP on 12/10/2010

In this issue: 2 Beltway Report 5 Operations Report 5 Plastic (a/k/a Card Report) 6 Mortgage Report 7 Privacy Report 10 Arbitration Report 10 Preemption Report Editor’s Note Tis the season to be thankful, and...more

Financial Services Report: Staying Ahead of the Summons - Volume 7, No 1. Summer 2010

by Morrison & Foerster LLP on 6/7/2010

In This Issue: 2 Beltway Report 5 Operations Report 6 Plastic (a/k/a Card Report) 7 Mortgage Report 8 Privacy Report 9 Arbitration Report 10 Preemption Report Please see full report below for more information....more

Ninth Circuit Rules That The National Bank Act Preempts California's Unfair Competition Law

by Sheppard Mullin Richter & Hampton LLP on 4/7/2010

On March 9, 2010, the Ninth Circuit held that the National Bank Act ("NBA") preempts claims of "unfair" and "fraudulent" conduct in violation of state law. See Martinez v. Wells Fargo Home Mortgage, Inc., No. 07-17277 (9th...more

Ninth Circuit Holds That Allegedly Excessive Underwriting Fees Cannot Be the Basis for a RESPA Section 8(b) Claim and the National...

by Lane Powell PC on 3/17/2010

On March 8, the Ninth Circuit Court of Appeals held that the National Bank Act preempts unfair and fraudulent conduct claims under California's unfair competition statute and that allegedly excessive underwriting fees cannot...more

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Residential Real Estate › Finance & Banking › Conflict of Laws