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Senate to Move Forward with Marijuana-Related Business Banking Bill - Cannabis Industry News Alert

Legislation that would open financial services to marijuana-related businesses operating in states that have legalized marijuana took another small, but important, step Tuesday. The Banking, Housing, and Urban Affairs Senate...more

USDA Hemp Announcement Offers Clarity, Cause for Concern for Some - Cannabis Industry News Alert

The United States Department of Agriculture (USDA) has offered much-needed clarity about the manufacture, distribution and sale of hemp and hemp-derived products. The USDA’s recent pronouncement, however, may not be the news...more

Difficulties Face Cannabis Patents, Trademarks, and Other Forms of Intellectual Property - Intellectual Property News

Since more than half of the states in the U.S. have decriminalized marijuana (those varieties of the Cannabis plant with intoxicating properties), the marijuana business has been growing rapidly in this country. Like any...more

Alabama Legislature Considering Medical Marijuana Bill with Bipartisan Support

[This is the first in a series of client alerts regarding the status of medical marijuana efforts in Alabama.] Is Alabama poised to join the growing number of states allowing the use of medical marijuana under state law?...more

Hemp Poised for Resurgence Following Farm Bill's Passage - The National Law Journal

Centuries after American colonists were required by law to grow hemp, and decades after it was then outlawed by Congress, one of the nation’s oldest and most versatile crops is poised for a resurgence. The 2018 Farm Bill,...more

Some of Florida’s Regulatory Restrictions on Cannabis Industry Could Soon Be a Thing of the Past

On January 17, 2018, Florida’s new governor, Ron DeSantis, delivered news that could supercharge the growth of Florida’s medical-cannabis industry. Governor DeSantis indicated he may drop the State’s appeal from a trial...more

Safe Streets Alliance v. Hickenlooper Provides Good News, Bad News, and Instructions to the Cannabis Industry and the Financial...

For years, the “legal” cannabis industry – operating in states that have legalized cannabis under state law despite its long-standing prohibition under federal law – and the financial institutions that serve the industry have...more

O Canada! What Canada’s Nationwide Legalization of Cannabis Means for American Financial Institutions

Today marks a significant shift in cannabis policy, both domestically and internationally, as Canada becomes the first industrialized nation in the world, and only the second nation overall, to legalize cannabis. This follows...more

Eleventh Circuit Rules Reverse Mortgage Companies Not Prohibited from Foreclosing on Non-Borrowing Spouses

Mortgagees of Home Equity Conversion Mortgages (“HECMs,” more commonly known as reverse mortgages) obtained a significant victory in an important federal appellate court, which ruled last month that non-borrowing spouses are...more

HUD OIG Report Could be Precursor to Increased Partial Claim Reimbursement Demands

On September 21, 2018, the Department of Housing and Urban Development (“HUD”)’s Office of Inspector General (“OIG”) completed a review of HUD’s partial claims program. In many ways, the title of the OIG audit report, “HUD...more

Determining Who is a Borrower Under a Reverse Mortgage - Westlaw Journal

As attorneys representing the financial services industry well know, the financial crisis of 2007-2008 resulted in a wave of foreclosures across the country as borrowers struggled to make payments on their mortgages. The...more

Providing Banking Services to the Legal Marijuana Industry: Mitigating Risks to Maximize Potential Rewards

Since 1996, when California became the first state to legalize marijuana (at the time, for medicinal purposes only), 28 additional states and the District of Columbia have legalized marijuana to some extent. Public support...more

Florida Third District Court of Appeal’s Ruling in Favor of Reverse Mortgage Lender Signals New Positive Outlook for Non-Borrowing...

Reverse mortgage lenders received a significant victory in Florida’s Third District Court of Appeal last week when the court issued its decision in OneWest Bank, FSB v. Palmero. After previously ruling in Smith v. Reverse...more

Oregon Regulates Home Equity Conversion Mortgage Originators and Servicers in New Law

Oregon’s legislature continues to add state level regulations to the Home Equity Conversion Mortgage (“HECM,” more commonly known as a reverse mortgage) marketplace. In 2015, the state imposed a series of content and...more

HUD Publishes Final HECM Rule

Last year, the Federal Housing Administration (FHA) released a set of proposed rules affecting Home Equity Conversion Mortgages (HECMs) for notice and comment. After receiving 83 comments and responses, the Department of...more

HUD Proposes Mandatory Assignment of HECMs

As part of a broader push to update its regulations regarding Home Equity Conversion Mortgages (HECMs, more commonly known as reverse mortgages), the Department of Housing and Urban Development (HUD published a Supplemental...more

FHA Issues Proposed Rules Related to Home Equity Conversion Mortgages

Last week, the Federal Housing Administration (FHA) released for notice and comment a set of proposed rules affecting Home Equity Conversion Mortgages (HECM), more commonly known as reverse mortgages. Below are highlights of...more

HUD Announces Another Delay in Implementation of Property Charge Default Rules

On January 12, 2016, the U.S. Department of Housing and Urban Development (HUD) published its first Mortgagee Letter of the year, in which it again delayed the implementation of the sweeping changes related to Home Equity...more

2/15/2016  /  Delays , HECM , HUD , Mortgages , Reverse Mortgages

HUD Reverses Course (Again) on Non-Borrowing Spouses

The Department of Housing and Urban Development (HUD) continues to grapple with how mortgagees and servicers of Home Equity Conversion Mortgages (HECMs), commonly known as reverse mortgages, should proceed where a spouse that...more

HUD Issues New Rules about Surviving Spouses Following Death of Reverse Mortgage Borrower

For the past year and a half, mortgagees of FHA-insured Home Equity Conversion Mortgages (“HECMs”), commonly referred to as reverse mortgages, have had to grapple with issues related to the foreclosure of homes occupied by...more

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