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|Battling on the Front Lines of Foreclosures: What Must A Lender Consider And Do When Foreclosing On A Property Owned By A Servicemember Under The "ACT"|
Steven W. Ferrell, Meredith L. Minkus; Burr & Forman LLP;
September 18, 2014, previously published on September 16, 2014 A complicated, but sometimes overlooked, issue facing foreclosing lenders is properly handling and defending against claims that a servicemember-owner is entitled to protections from foreclosure based on his or her status as a servicemember. The “Servicemembers Civil Relief Act (2003),”...
|Do Guarantors Fall Under the Protection of the Equal Credit Opportunity Act?|
Samantha Alves Orender; Rogers Towers, P.A.;
September 17, 2014, previously published on September 4, 2014We have discussed the Equal Credit Opportunity Act(“ECOA”), which makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, among other things, the applicant’s marital status, religion, sex, race, or age. The...
|Overview of the Florida Consumer Collection Practice Act|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
September 17, 2014, previously published on September 11, 2014As discussed in a prior post, the Florida Consumer Collection Practices Act (FCCPA) can apply to both debt collectors (like collection agencies) and lenders who seek to collect their own debts. The FCCPA is broader than the federal Fair Debt Collections Practices Act (FDCPA), which only regulates...
|CFPB Issues Guidance Regarding Mortgage Servicing Transfers|
John Honahan, Richard B. Horn, Matthew S. Yoon; Dentons Canada LLP;
September 17, 2014, previously published on September 5, 2014On August 19, 2014, the US Consumer Financial Protection Bureau ("CFPB") released Bulletin 2014-01, ("Bulletin"). The Bulletin replaces CPFB Bulletin 2013-1, which also addressed servicing transfers, and provides updated CFPB guidance and expectations with respect to mortgage...
|Update on Recent Summary Judgment for Barclays in Interest Rate Swap Litigation|
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
September 17, 2014, previously published on Septemeber 9, 2014In a recent hearing in the Cardiff Mercantile Court, His Honour Judge Keyser QC (the Judge) considered various arguments advanced in relation to an interest rate swap.
|UDAP/UDAAP: Goodbye Regulation, Hello Guidance|
Craig N. Landrum; Jones Walker LLP;
September 16, 2014, previously published on September 11, 2014In recognition that its authority to issue credit practices rules for insured institutions was repealed as a consequence of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"), the Board of Governors of the Federal Reserve System (the "Board") is...
|"Pay To Play" Rule Proposed for Municipal Advisors|
J. Andrew Gipson; Jones Walker LLP;
September 16, 2014, previously published on September 4, 2014On August 18, 2014, the Municipal Securities Rulemaking Board ("MSRB") issued a request for comment on proposed rule amendments expanding application of Rule G-37, its "pay to play" rule, to municipal advisors and municipal advisor third-party solicitors. The request for comment...
|The Regulation of Virtual Currencies in Canada|
Jeffrey S. Graham, James Mathers, D. Ross McGowan, James Szumski; Borden Ladner Gervais LLP;
September 15, 2014, previously published on September 10, 2014Canada is engaged in an important effort to reform its payment system. In recent years, there have been important legislative measures to enhance the payment system including the adoption of the Payment, Clearing and Settlement Act, and the Payment Card Network Act. There was the appointment of an...
|Virtual Currency - New York State Extends Comment Deadline on BitLicense Proposal|
Michael A. Berlin, Carl A. Fornaris, William B. Mack, Jamey L. Tesler; Greenberg Traurig, LLP;
September 15, 2014, previously published on September 9, 2014On August 21, 2014, the New York State Department of Financial Services (DFS) agreed to double the length of the open-comment period for its proposed virtual currency regulatory framework, extending the period another 45 days, to October, 21, 2014.
|European Central Bank Publishes Final List of 'Significant Supervised Entities' in Preparation for Banking Union|
Patrick Brandt, Sven G. Mickisch, William J. Sweet; Skadden, Arps, Slate, Meagher & Flom LLP;
September 15, 2014, previously published on September 12, 2014On 4 September 2014, the EU’s European Central Bank (ECB) published its final list of significant supervised entities and less significant institutions for the purposes of the Eurozone’s single supervisory mechanism (SSM), which will come into effect on 4 November 2014. The list, which...