News & Analysis as of

Assignees Mortgages

McGlinchey Stafford

Has my contract been modified? - McGlinchey Commercial Law Bulletin - September 22, 2022

McGlinchey Stafford on

Ohio- Assignee of Contract- Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282. In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more

Mayer Brown

Revising the Regulatory Definition of a Qualified Mortgage

Mayer Brown on

When the federal Consumer Financial Protection Bureau (“CFPB”) last summer issued its Advance Notice of Proposed Rule Making (“ANPR”) to revise the definition of a “Qualified Mortgage” (“QM”) under the Dodd-Frank Act’s...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19378 - State v. Francis - SC19411 - State v. Wright - Appellate Court Advance Release Opinions: AC35949 - State v. Porter - AC36656 - State v. Gonzalez - AC36971...more

Shutts & Bowen LLP

No right to jury trial in foreclosure, even where lender seeks money judgment on promissory note

Shutts & Bowen LLP on

Given the choice, a borrower in foreclosure may prefer that a jury determine her fate, rather than a judge.  But by statute, “[a]ll mortgages shall be foreclosed in equity” and “foreclosure claim[s] shall, if tried, be tried...more

Ballard Spahr LLP

Assignee Not Liable Under TILA for Mortgage Servicer's Failure to Provide Payoff Statement, 11th Circuit Holds

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The assignee of a residential mortgage loan is not liable under the Truth In Lending Act (TILA) for a loan servicer's failure to timely provide a payoff demand, the 11th Circuit recently held. TILA requires that a mortgage...more

Burr & Forman

Servicer Foreclosing in Own Name Must Establish Standing and Ratification by Real Party in Interest

Burr & Forman on

In Russell v. Aurora Loan Services, LLC, 40 Fla. L. Weekly D967a (Fla. 2d DCA Apr. 24, 2015), Florida’s Second District Court of Appeal added to the emerging line of case law regarding the proof required to establish standing...more

Ballard Spahr LLP

Mortgage Assignee Not a 'Creditor' for Purposes of TILA Obligations Existing over the Life of a Loan… at Least for Now

Ballard Spahr LLP on

Under the Truth in Lending Act (TILA), the assignee of a mortgage note is not considered a "creditor" and is therefore not bound by TILA requirements imposed solely on creditors. One federal appellate court, however, has...more

Ballard Spahr LLP

Assignees Not Liable for Lender Violations of Maryland Secondary Mortgage Loan Law, Appeals Court Holds

Ballard Spahr LLP on

In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an...more

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