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HTMLAttention Financial Institutions, Mortgage Companies and Loan Servicers: CFPB Releases Second Update to Exam Procedures Utilized to Determine Compliance With Its Regulations
Hinshaw Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
On August 15, 2013, the Consumer Finance Protection Board (CFPB) released a second update to its exam procedures with regard to the agency's governance of its mortgage regulations (Second Update). The exam procedures, which mostly go into effect in January 2014, provide guidance as to how CFPB...

 

HTMLSupreme Judicial Court of Massachusetts Clarifies Title Insurance Company's Duty to Defend and Narrows the Scope of Title Insurance Coverage
Justin M. Fabella; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 12, 2013
In GMAC Mortgage, LLC v. First American Title Insurance Company, 464 Mass. 733 (Apr. 4, 2013), an insured mortgagee brought claims against a title insurer, seeking to recover attorneys' fees and costs that stemmed from defending against an underlying lawsuit claiming a covered title defect, but...

 

HTMLThe Third Circuit Holds TCPA Permits Revocation of Prior Express Consent at Any Point After It Is Given
Hinshaw Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to hold that the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 et al., permits a consumer to revoke prior express consent to be contacted on his or her cellular telephone line via an...

 

HTMLNew York District Court Denies Bona Fide Error Defense for Unintentional Misrepresentation of Amount Owed
Hinshaw Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
In a case brought by plaintiff tenant under the Fair Debt Collection Practices Act (FDCPA), the U.S. District Court for the Southern District of New York recently denied defendant law firm's bona fide error defense arising from an unintentional misrepresentation by the law firm's client of the...

 

HTMLReargument in K2 May Provide the New York Court of Appeals with an Opportunity for a Correction
Sina Bahadoran, Todd M. Davis; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 20, 2013
In K2 Inv. Grp., LLC v. Am. Guarantee & Liab. Ins. Co., 21 N.Y.3d 384 (N.Y. June 11, 2013), the New York Court of Appeals announced that once an insurer breaches its duty to defend, it loses its right to assert exclusions on indemnity. Essentially, the insurer is penalized for its wrongful...

 


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