Ballard Spahr LLP

1735 Market Street 51st Floor
Philadelphia, PA 19103-7599, United States

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IRS releases final LIHTC Audit Technique Guide

Yesterday the IRS released a long-anticipated update to its Audit Technique Guide for the low-income housing tax credit (“LIHTC”) program. The guide is intended to assist IRS examiners charged with auditing owners of LIHTC…more
| Real Estate - Residential, Taxation

HOA Lien Extinguishes First Deed of Trust in Foreclosure, Nevada Supreme Court Holds

On the heels of a recent D.C. Court of Appeals ruling, the Nevada Supreme Court issued an opinion yesterday holding that a homeowners association (HOA) lien is a true super-priority lien that, if foreclosed upon, extinguishes a…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

New FAQ on Volcker Rule CEO Attestation Requirement

The five agencies that jointly issued the final Volcker Rule last December recently added to their existing list of “frequently asked questions” (FAQs) a new item addressing the attestation requirement applicable to CEOs of…more
| Civil Procedure, Finance & Banking, Consumer Protection, International Law & Trade

DOL's Proposed Rule Would Generally Prohibit Pay Secrecy Policies for Federal Contractors

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a proposed rule this week that would prohibit federal contractors and subcontractors from discriminating against employees or…more
| Civil Rights, Labor & Employment Law, Government Contracting

Freddie Mac closes first direct purchase of a tax-exempt loan

Freddie Mac recently closed its first direct purchase of a tax-exempt loan. The loan financed the acquisition and rehabilitation of a 417-unit senior housing community in Dayton, Ohio known as The Lakewoods. The deal represents…more
| Finance & Banking, Real Estate - Residential, Taxation

CFPB Proposes Rule To Supervise Nonbank Auto Finance Companies

The Consumer Financial Protection Bureau has issued a proposal to supervise nonbank companies that qualify as “larger participants of a market for automobile financing.” Comments on the proposal will be due 60 days after the…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection

CFPB and FTC file lawsuits against online payday lenders

Earlier this month, the CFPB and FTC filed lawsuits against different groups of interrelated companies and their individual principals for engaging in allegedly unlawful online payday lending schemes…more
| Antitrust & Trade Regulation, Civil Remedies, Finance & Banking, Consumer Protection, Business Torts

OMB gives go-ahead to CFPB telephone survey of consumers for arbitration study

Over the vigorous objections of industry trade groups, on September 4, 2014, the Office of Management and Budget (OMB) approved the CFPB’s request to conduct a national telephone survey of 1,000 credit card holders as part of…more
| Alternative Dispute Resolution (ADR), Finance & Banking, Consumer Protection

Florida and Connecticut AGs file lawsuit asserting Dodd-Frank enforcement authority

On July 29, 2014, another Section 1042 lawsuit was filed jointly by the Attorneys General of Florida and Connecticut in a Florida federal court. The lawsuit alleges that four individuals and their four businesses formulated and…more
| Civil Remedies, Finance & Banking, Consumer Protection, Business Torts, Real Estate - Residential

VA Announces Upcoming Changes to ARM Disclosure Regulations

On September 5, 2014, the Department of Veterans Affairs (VA) announced in Circular 26-14-25 that it intends to clarify its interest-rate adjustment, disclosure, and notice requirements for ARM and hybrid ARM mortgage loans…more
| Finance & Banking, Military Law, Real Estate - Residential

CFPB finalizes rule to supervise larger participant international money transfer providers

The CFPB has issued a final rule that will allow it to supervise nonbank international money transfer providers that qualify as “larger participants” in the international money transfer market. Consistent with the proposed rule,…more
| Finance & Banking, Consumer Protection, International Law & Trade

CFPB to hold Oct. 8 forum on checking account screening policies and practices

The CFPB has announced that it will hold a forum on checking account screening policies and practices in Washington, D.C. on October 8, 2014. …more
| Finance & Banking, Consumer Protection

CFPB may provide details on auto finance disparate impact methodology at tomorrow’s field hearing

Since the CFPB issued its guidance on indirect auto finance in March 2013, lawmakers and industry have been asking the CFPB to provide details concerning its methodology and proxies for analyzing potential fair lending…more
| Civil Rights, Finance & Banking, Consumer Protection

IRS Allocates “National Pool” Credits to Thirty-Five States and Puerto Rico

Yesterday, the IRS issued Revenue Procedure 2014-52 which provides for the reallocation of $2.59 million of unused national pool low-income housing tax credits (LIHTCs)…more
| Finance & Banking, Real Estate - Residential, Taxation

HUD Issues Final Rule Eliminating ‘Post Payment’ Interest Charges, Preventing FHA Loans from Being Prohibited Next Year

On August 26, 2014, the U.S. Department of Housing and Urban Development (HUD) issued a final rule to allow FHA-approved lenders to charge an FHA loan borrower interest only through the date the loan is prepaid. The final rule…more
| Finance & Banking, Consumer Protection, Real Estate - Residential
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