Loan Transfers

News & Analysis as of

U.S. Supreme Court Asked to Decide Whether National Bank Act Preemption of State Usury Laws Applies to Loans Transferred to...

The defendants in Madden v. Midland Funding, LLC have filed a petition for certiorari with the U.S. Supreme Court, asking the Court to decide whether the preemption of state usury laws under Section 85 of the National Bank...more

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute

The U.S. District Court for the Eastern District of Pennsylvania has held that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory notes secured by mortgages on...more

Recent Developments Regarding The Truth In Lending Act’s Transfer Notice To Mortgage Borrower

The Truth in Lending Act was amended in 2009 to require the new owner or assignee of a mortgage loan secured by a consumer’s principal dwelling to send a written notice to the borrower within 30 days after the mortgage loan...more

Dodd-Frank News - March 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

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

Banking & Financial Services E-Note - February 28, 2013

In this Issue: - FASB Proposes Granting Banks Flexibility to Value Financial Assets - Committee Urges Easing of Basel Rules on Small Banks, Insurers - Banks' College Campus Marketing Efforts Probed by CFPB -...more

CFPB Bulletin on Servicers’ Obligations During Loan Transfers

February 11, the CFPB issued a bulletin advising mortgage companies about their legal obligations that protect consumers during loan transfers between mortgage servicers....more

Orrick's Financial Industry Week In Review - February 19, 2013

In This Issue: - Financial Industry Developments •CFPB Implementation Plan for Mortgage Rules •FDIC Proposed Rule on Insured Deposits at Foreign Branches of U.S. Banks •CFPB Bulletin on Servicers'...more

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