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HTMLCFPB to Shine Spotlight on Mini-Correspondent Mortgage Lending?
Jennifer M. Keas; Foley & Lardner LLP;
Legal Alert/Article
July 23, 2014, previously published on July 18, 2014
On July 9, 2014, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued Policy Guidance on the issue of Mortgage Brokers Transitioning to Mini-Correspondent Lenders (“Policy Guidance”), which highlights risks and considerations that should be taken...

 

HTMLGeorgia Supreme Court Affirms Business Judgment Rule
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 16, 2014
The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not automatically prevent all claims for ordinary negligence against corporate...

 

HTMLMaine Supreme Court Decision Limits Scope of MERS' Ability to Assign Mortgages
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 14, 2014
On July 3, 2014, the Maine Supreme Judicial Court issued a ruling in Bank of America, N.A. v. Greenleaf, 2014 ME 89 (Me. July 3, 2014), significantly affecting the ability of Mortgage Electronic Registration System, Inc. (MERS) to assign mortgage rights as a "nominee" of a mortgage...

 

HTMLA Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy
Christopher McClelland; Blaney McMurtry LLP;
Legal Alert/Article
July 23, 2014, previously published on July 17, 2014
Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse. However, recent developments in the area of privacy law have highlighted the significant financial liabilities such organizations may face if...

 

HTMLThe Supreme Court Limits the President's Recess Appointment Power
John F. Cooney; Venable LLP;
Legal Alert/Article
July 23, 2014, previously published on July 11, 2014
In January 2012, President Obama made recess appointments of the first Director of the Consumer Financial Protection Bureau and two members of the National Labor Relations Board during a three day period when the Senate was in pro forma session. The Senate later confirmed Director Cordray to his...

 

Adobe PDFCFPB Enforcement Action Against Payday Lender Has Broad Implications for Financial Institutions
Stephen Lillley, Andrew J. Pincus, Jeffrey P. Taft; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
The US Consumer Financial Protection Bureau (CFPB) has entered a consent order with a payday lender for debt collection practices that the CFPB alleged violated the Dodd-Frank Act’s prohibition on unfair, deceptive or abusive acts or practices. The $10 million settlement casts a significant...

 

HTMLExcess Lines Association of New York Advises on Foreign Account Tax Compliance Act (FATCA) Compliance
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In Bulletin No. 2014-15 issued yesterday, July 17, 2014, the Excess Lines Association of New York ("ELANY") responded to questions it has received to date about the implementation of the Foreign Account Tax Compliance Act ("FATCA"), which is scheduled to go into effect under its...

 

HTMLU.S. Senate Banking Committee Members Laud TRIA Passage Today
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
Today, July 17, 2014, the United States Senate approved S. 2244, the Terrorism Risk Insurance Program Reauthorization Act of 2014 ("TRIA"), by a strong bipartisan vote of 93-4. This bill extends the existing TRIA program for seven years while taking steps to further protect taxpayers.

 

HTMLBut I Don’t Want Someone Telling Me What I Can Spend!
James Ince; Bailey & Galyen, Attorneys at Law;
Legal Alert/Article
July 22, 2014, previously published on July 2, 2014
Many times I have met with people who have great concerns about filing bankruptcy. They are afraid that the court will tell them how they can or cannot spend money. Often, people put off filing a bankruptcy for many years because they are afraid of the loss of control. The irony is that they have...

 

HTMLVirginia Federal Court Lacks Jurisdiction Over Arizona Resident
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 21, 2014, previously published on July 2014
In Hirsch v. Johnson, the United States District Court for the Eastern District of Virginia held that the court lacked personal jurisdiction over the defendant, an Arizona resident, under Virginia law and the Fourteenth Amendment to the United States Constitution. The Court rejected...

 


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