News & Analysis as of

Subsidiaries Mortgages

Nutter McClennen & Fish LLP

Nutter Bank Report: July 2023

The Federal Reserve has announced that its FedNowSM Service, a new interbank settlement service with clearing functionality to support instant payments, went live on July 20 with 35 early-adopting banks and credit unions. The...more

Maynard Nexsen

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Maynard Nexsen on

Ocwen Financial Corporation (Ocwen) is one of the country’s largest nonbank mortgage loan servicers, and it has had its hands full the last six months. On April 20, the Consumer Financial Protection Bureau (CFPB) filed an...more

Morrison & Foerster LLP

New York City Tribunal Rejects City’s Attempt to Forcibly Combine Bank and Its Mortgage Subsidiary

The New York City Tax Appeals Tribunal, affirming a determination of an Administrative Law Judge, has held that Astoria Bank, which engaged in a banking business in New York City, was not required to include in its combined...more

Burr & Forman

Foreclosure Plaintiffs Cannot Rely Solely on Their Status as Parent Corporation

Burr & Forman on

The ownership of the promissory note by a subsidiary corporation of the Plaintiff cannot alone establish standing to foreclose. In HSBC Bank USA, N.A. v. Ryan Kahan, et al., the Court granted the borrowers’ motion for...more

Goodwin

Supreme Court Seeks Federal Government Opinion on National Bank Act Preemption of State Foreclosure Law

Goodwin on

Considering a petition for certiorari filed by Federal National Mortgage Association in a case concerning which state’s law governs a national bank’s authority to serve as trustee under a deed of trust—the state in which the...more

Allen Matkins

Commissioner Signals Intent To Expand Authority Over Federal Bank Subsidiaries

Allen Matkins on

Last month, Commissioner of Business Oversight Jan Owen issued an invitation for comment on two proposed rules that would subject non-depository operating subsidiaries, affiliates and agents of federal banks and other...more

Blank Rome LLP

Lenders' risk: Who really owns the collateral?

Blank Rome LLP on

Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties in their loan agreement and the borrower’s audited financial statements, if...more

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