On August 31, 2021, a new final rule amending Regulation X’s mortgage servicing rules for borrowers experiencing hardship due to COVID-19 will take effect. The Bureau of Consumer Financial Protection (“CFPB”) hopes that these...more
7/8/2021
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Final Rules ,
Financial Regulatory Reform ,
Financial Services Industry ,
Foreclosure ,
Mortgage Servicers ,
Mortgage Servicing Rules ,
Mortgages ,
Real Estate Transactions ,
Regulation X
In Roth v. Nationstar Mortgage, LLC, the Eleventh Circuit Court of Appeal addressed a recurring issue involving whether or not sending monthly mortgage statements regarding a discharged mortgage debt violates the discharge...more
9/9/2019
/ Appeals ,
Bankruptcy Code § 524(a) ,
Bankruptcy Court ,
Chapter 13 ,
Consumer Financial Products ,
Dischargeable Debts ,
Evidentiary Hearings ,
Injunctions ,
Mortgage Servicers ,
Mortgage Statements ,
Nationstar
In Russell v. Nationstar Mortgage, LLC, No. 14-61977-CIV, 2015 WL 5029346, at *5 (S.D. Fla. Aug. 26, 2015), United States District Court Judge Beth Bloom issued litigious borrowers their latest setback in a large scale...more
9/29/2015
/ Attorney's Fees ,
Banking Sector ,
Borrowers ,
Default ,
FCCPA ,
Financial Institutions ,
Inspections ,
Loans ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Motion to Dismiss ,
Regulation X ,
Request For Information ,
RESPA
The long heralded TILA/RESPA Integrated Disclosures (TRID) are coming, and they are already causing some headaches in the real estate market. Congress provided for the new disclosures in the 2010 Dodd-Frank Wall Street Reform...more
9/2/2015
/ Closing Documents ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Disclosure Requirements ,
Dodd-Frank ,
Financial Institutions ,
Good Faith ,
HUD ,
Loans ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
National Association of Realtors ,
Residential Real Estate Market ,
TILA-RESPA Integrated Disclosure Rule (TRID)
With its decision up on re-hearing, Florida’s Third District Court of Appeal may be rethinking its decision in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). In...more
8/26/2015
/ Appeals ,
Bank of America ,
Citibank ,
Consumer Lenders ,
Deutsche Bank ,
Dismissal With Prejudice ,
FL Supreme Court ,
Florida ,
Foreclosure ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Statute of Limitations
On August 4, 2015 the Consumer Financial Protection Bureau (CFPB) issued a compliance bulletin on the private mortgage insurance (PMI) cancellation and termination provisions contained in the Homeowners Protection Act (HPA)....more
8/17/2015
/ Class Action ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Institutions ,
Homeowners Protection Act ,
Insurance Industry ,
Loans ,
Mortgage Insurance ,
Mortgage Servicers ,
Mortgages ,
Residential Property Owners ,
Residential Real Estate Market ,
Termination Clauses
Foreclosure defense and bankruptcy often go hand in hand, but sometimes it seems like the left hand doesn’t talk to the right. This has proven especially common with bankruptcy plans that propose to “surrender” real property...more
8/13/2015
/ Banking Sector ,
Banks ,
Chapter 13 ,
Consumer Bankruptcy ,
Consumer Lenders ,
Financial Institutions ,
Foreclosure ,
Lenders ,
Loan Modifications ,
Mortgage Servicers ,
Mortgages
The UCC was supposed to make enforcing negotiable instruments a simpler, more streamlined process. It has proven anything but in Florida. Continuing a trend that now stretches back years, mortgage lenders have had an...more
8/11/2015
/ Bank Notes ,
Borrowers ,
Consumer Lenders ,
FDIC ,
Financial Institutions ,
Florida ,
Foreclosure ,
JPMorgan Chase ,
Lenders ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Receivership ,
Standing ,
Uniform Commercial Code (UCC) ,
Washington Mutual
In Bank of America, N.A., v. Delgado, et al., 3D13-910 (Fla. 3d DCA May 6, 2015) the Third District Court of Appeal offered some relief to banks and loan servicers still reeling from the effects of Hunter v. Aurora Loan...more