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|CFPB Issues Proposed Rule for Larger Participants in the Nonbank Auto Lending Market|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
September 25, 2014, previously published on September 24, 2014On September 18th, the CFPB issued a long-awaited proposed rule to define larger participants in the nonbank auto lending market. Once effective, the rule will give the CFPB power to supervise this group of financial institutions. The rule would define “larger participants” in the...
|Bank Resolution and Capitalization: Anticipated TLAC Proposal: Impact on Banks’ Balance Sheet Structures and Resolution Plans|
Sullivan Cromwell LLP;
September 24, 2014, previously published on September 23, 2014It appears increasingly likely that the Financial Stability Board (the “FSB”), followed by the Board of Governors of the Federal Reserve System (the “Federal Reserve”) (and other national regulators, possibly including other U.S. banking agencies), will soon issue proposals...
|Edgeworth: Commercial Reasonableness in Receivership Proceedings|
Seema Aggarwal, Jane Dietrich, Shayne Kukulowicz; Cassels Brock & Blackwell LLP;
September 24, 2014, previously published on September 17, 2014Recently, the Ontario Superior Court of Justice released a decision regarding amending a receivership order and re-allocating the proceeds of sale in a receivership proceeding (Romspen v Edgeworth, 2014 ONSC 4340). The effect of the decision is to confirm that, notwithstanding any final orders made...
|German Federal Court of Justice Clarifies "Opt-in" Rules Under the German Bonds Act|
Olaf Benning, Volker Kammel, Ulf Kreppel, Claudia Leyendecker, Karsten Müller-Eising; Jones Day;
September 24, 2014, previously published on September 2014On September 15, 2014, the German Federal Court of Justice (Bundesgerichtshof) published a landmark decision clarifying that holders of bonds issued prior to August 5, 2009, under the old German Bonds Act of 1899 may opt in to, and take advantage of the benefits of, the provisions of the new German...
|“Totality of the Circumstances” Standard Used to Sanction Mortgagee for Lack of “Good Faith” Negotiation in Foreclosure Matter|
Edward W. Chang, Francis X. Crowley, Margaret Anne Hill, Kevin C. Rakowski; Blank Rome LLP;
September 24, 2014, previously published on September 2014Action Item: While engaged in court-ordered mediation in NY foreclosure cases, mortgagees and servicers must insure prompt and thorough review of loan mod applications and provide consistent responses to those applications to prevent sanctions for bad faith negotiation.
|Borrowers Need to be Made Aware of Mortgage Relief Scams|
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
September 23, 2014, previously published on September 8, 2014 While the media places great emphasis on lawsuits alleging wrongdoing by mortgage lenders against homeowners, less emphasis has been placed on egregious frauds perpetrated against distressed homeowners by supposed providers of mortgage assistance relief services (MARS).
|Industry Canada Announces Online Deposit Tool to Register Security Interests Over Railcars or Rolling Stock in Canada|
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
September 23, 2014, previously published on September 19, 2014In previous publications, we provided an overview of the process for registering security interests over railcars or rolling stock in Canada and outlined considerations to be mindful of when taking railcar security in Canada, including considerations relating to the recent introduction of the...
|The Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action|
David T. Neave, Rebecca R. von Rüti; Davis LLP;
September 23, 2014, previously published on September 22, 2014On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...
|Genco Shipping: Valuation Lessons Learned From "Underwater” Equity|
Michael S. Fox, Adam H. Friedman, Jordanna L. Nadritch; Olshan Frome Wolosky LLP;
September 23, 2014, previously published on September 11, 2014Valuation is a balance of art and science. In the bankruptcy context, valuation determines which constituents are entitled to a recovery and which are not, making it a centerpiece of the restructuring process. In In re Genco Shipping & Trading, Ltd. the federal bankruptcy court in New York...
|CFPB and FTC Stop Two Payday Lending Scams|
Thomas I. Elkind; Foley & Lardner LLP;
September 23, 2014, previously published on September 18, 2014In separate suits brought by the Consumer Financial Practices Bureau (“CFPB”) and the Federal Trade Commission (“FTC”) federal courts have frozen the assets of two separate groups who allegedly defrauded consumers by creating unauthorized payday loans.