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False Claims Act (FCA) › Mortgages › Financial Institutions Reform Recovery Enforcement Act

Ballard Spahr LLP

Treasury Recommends Sweeping Industry Changes for Mortgage Lenders and Servicers

Ballard Spahr LLP on

As covered earlier this week in a legal alert, the U.S. Department of the Treasury issued a report recommending sweeping regulatory changes for consumer financial services. Within the report, the Treasury also recommended a...more

Bradley Arant Boult Cummings LLP

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?

Bradley Arant Boult Cummings LLP on

The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a...more

Goodwin

Court Awards Nearly $280 Million in Treble Damages Against Former FHA Lender

Goodwin on

On September 14, 2017, the U.S. District Court for the Southern District of Texas issued an opinion and order against two former mortgage companies and their former president and CEO. The order, which followed a previous jury...more

Burr & Forman

I Meant it at the Time: Second Circuit Reverses $1.2BN FIRREA Judgment

Burr & Forman on

It’s hornbook law that a later intentional breach of contract, alone, doesn’t equal promissory fraud. Holding it therefore cannot establish mail or wire fraud, the Second Circuit reversed the Government’s $1.2 Billion FIRREA...more

Carlton Fields

The TRID Rule: Impact and Consequences on the Residential Mortgage Lending Market

Carlton Fields on

Introduction and Background - Residential mortgage lenders have long been required to disclose to their borrowers (i) the cost of credit to the consumer and (ii) the cost to the consumer of closing the loan transaction....more

Bradley Arant Boult Cummings LLP

Rakoff Decision Supports Feds’ Broad Application of FIRREA

Bradley Arant Boult Cummings LLP on

On August 16, 2013, Judge Jed S. Rakoff of the Southern District of New York issued a ruling in in United States v. Countrywide Financial Corp., No. 12 Civ. 1422, that will likely be relevant to any financial institution...more

Troutman Pepper

Civil Investigative Demands, Subpoenas and More: How to Prepare for the Government's Renewed Focus on Financial Services

Troutman Pepper on

The U.S. government continues to ramp up investigations and enforcement actions against banks, mortgage companies and other financial services companies, including using tools such as the False Claims Act and its power to...more

Orrick - Finance 20/20

U.S. Sues Bank of America for Alleged Mortgage Fraud Against GSEs

Orrick - Finance 20/20 on

On October 24, the U.S. Attorney for the Southern District of New York filed suit against Bank of America and Countrywide seeking damages for over $1 billion in alleged losses suffered by Fannie Mae and Freddie Mac....more

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