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Texas Supreme Court Affirms a Lender’s Equitable Subrogation Rights Following ‎Expiration of the Statute of Limitations on the...

On January 29, 2021, the Texas Supreme Court confirmed that the voiding of a lender’s lien due ‎to the expiration of the statute of limitations does not preclude the lender from foreclosing on a ‎pre-existing lien under the...more

Loss-Mitigation Communications to Mortgage Borrowers During COVID-19 Pandemic

Click Here for PDF Loss-Mitigation Communications to Mortgage Borrowers During COVID-19 Pandemic Concern regarding the outbreak and economic impact of COVID-19 on homeowners nationwide has prompted several significant...more

The Fifth Circuit Clarifies RESPA Obligations for Mortgage Servicers and Sends a Warning that RESPA Should Not Be Used as a Weapon...

In Germain v. US Bank National Association, --- F.3d ---, 2019 WL 1467053 (5th Cir. Apr. 3, 2019), the Fifth Circuit resolved two issues of first impression that will have a significant impact on mortgage servicers defending...more

Federal District Court Pumps the Brakes on Borrower’s Post-Acceleration FCRA Class Action Lawsuit

On December 11, 2017, Locke Lord obtained a dismissal with prejudice of a punitive class action. In Leones v. Rushmore Loan Management Services, LLC, No. 0:17-CV-61216-WPD (S.D. Fla. Dec. 11, 2017), the United States...more

Fifth Circuit Rejects Arguments to Expand Scope of Liability under the Equal Credit Opportunity Act

The U.S. Court of Appeals for the Fifth Circuit rejected arguments that would have expanded the scope of liability under the Equal Credit Opportunity Act for lenders, or other participants, in the secondary mortgage market....more

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