Legal Articles: Weltman, Weinberg & Reis Co., L.P.A.

 







Document(s) published by this organization: 76


View Page: 1  2  3  4  5  6  7  8  Next  
Show: results per page
Sort by:

HTMLForeclosure Does Not Preclude Filing a Lawsuit on the Underlying Note
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 17, 2014, previously published on October 30, 2014
Any creditor that obtains a mortgage on property pursuant to a note or some other debt instrument will inevitably have to use the legal process to enforce the instrument. The initial strategy decision is whether to foreclose on the secured property, file a complaint for monetary damages on the...

 

HTMLEnforceability of Electronic Signatures: E-Sign Act and Electronic Signatures
David A. Wolfe; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 5, 2014, previously published on October 30, 2014
In 2000, in order to address concern whether electronic contracts can be enforceable and to provide procedures for keeping and retaining electronic records, disclosures and signatures, Congress enacted the Federal Electronic Signature in Global and National Commerce Act (E-Sign).

 

HTMLCompliance of Servicemembers' Civil Relief Act Post Sallie Mae/Navient Consent Order
David Head, Woo S. Jun; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 5, 2014, previously published on October 30, 2014
Earlier this year, the Department of Justice and Sallie Mae/Navient entered into a Consent Order regarding the allegations of Servicemembers' Civil Relief Act (SCRA) violations. It is important to note that Sallie Mae/Navient did not admit to any of the allegations set forth in the Department of...

 

HTMLThe 8th Circuit Opens the Door to Partial Discharge of Student Loans and Upends the Totality of Circumstances Test
Monette Cope; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 3, 2014, previously published on October 28, 2014
Most student loans are nondischargeable in bankruptcy unless a student can show that repayment of the loans will cause the student an "undue hardship". Undue hardship is not defined in the statute, so courts have developed criteria to determine whether an undue hardship exists. Most...

 

HTML11th Circuit Considers Whether Filing a Proof of Claim on Time-Barred Debt Violates the FDCPA
Karina Velter; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 3, 2014, previously published on October 28, 2014
The 11th Circuit, in Crawford v. LVNV Funding, LLC, recently explored whether a creditor violates the Fair Debt Collection Practices Act (FDCPA) by filing a proof of claim on debt for which the statute of limitations has expired. The facts of the underlying case giving rise to this appeal are...

 

HTMLDoes the Bankruptcy Court have the Authority to Surcharge Exemptions?
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 3, 2014, previously published on October 28, 2014
Law v. Siegel: The facts of the case are that Mr. Law (Debtor) filed for Chapter 7 bankruptcy protection. He valued his home in California at $363,348 and claimed a $75,000 homestead exemption, as well as listed two mortgage liens on the property in question: (1) to Washington Mutual Bank for...

 

HTMLCredit Unions' Responsibility to Reasonably Investigate Disputes under the Fair Credit Reporting Act
Matthew M. Young; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 26, 2014
While the Fair Credit Reporting Act (FCRA) is many decades old, originally passed in 1970, credit unions should give renewed focus to the Act to ensure its compliance. Under the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) was provided authority to enforce the terms of the FCRA....

 

HTMLCFPB Releases New Mortgage Servicing Bulletin
Robert Lieber; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 26, 2014
The Consumer Financial Protection Bureau (CFPB) has issued a new compliance bulletin that addresses new mortgage servicing rules as well as examiner expectations.

 

HTMLHolding Guardianship Accounts: Best Practices
John B. C. Porter; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
I don't know if it's the result of our aging population (fueled by the Baby Boomer generation), but it seems credit unions are increasingly being presented with guardianship papers and asked to convert existing accounts into guardianship accounts. As the number of calls and questions I have...

 

HTMLReaffirmation and the Advantages for Credit Unions
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
For many creditors, when a debtor files a Chapter 7 bankruptcy, getting the debtor to sign and return a reaffirmation agreement is only the first challenge. Depending on the debtor's financial situation, a hearing may be held at which the debtor would need to prove he or she can make the payments....

 


View Page: 1  2  3  4  5  6  7  8  Next