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|CFPB Announces New Senior Management and Advisory Board and Council Members|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
September 5, 2014, previously published on September 3, 2014The CFPB also announced the appointment of new consumer finance experts from outside the federal government to the CFPB's Consumer Advisory Board, Community Bank Advisory Council and Credit Union Advisory Council. The Consumer Advisory Board is charged with advising and consulting the CFPB's...
|Italian Parliament Confirms June Measures Introduced by Government to Boost Italian Lending Market|
Alessandro Corno, Luca Ferrari, Marco Lombardi, Francesco Squerzoni; Jones Day;
September 2, 2014, previously published on August 2014As reported in our July Commentary, “The Italian Government Introduces Measures to Boost the Italian Lending Market,” the Italian Government Law Decree No. 91 of June 24, 2014 (the “Law Decree”) introduced certain measures aimed at facilitating the access to financing by...
|Florida Consumer Collection Practices Act Applies to Anyone Collecting a Debt|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
September 1, 2014, previously published on August 28, 2014The Florida Consumer Collection Practices Act (“FCCPA”) prohibits anyone attempting to collect a debt from using certain types of abusive, deceptive, and misleading tactics. In a recent decision, Florida’s Second District Court of Appeals ruled that the FCCPA applies not just to...
|Financing the Creative|
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 26, 2014It is time to turn around the phrase “creative financing” to consider financing the creative. Lansing Michigan’s newest incubator, The Runway, will open in August. At The Runway, ten fashion designers-in-residence will be learning how to get their creative ideas to market and move...
|Beyond the Rent Roll - Retail Lease Agreements|
Heather Sue Nason; Rogers Towers, P.A.;
August 28, 2014, previously published on August 19, 2014Commercial mortgage lenders of non-owner occupied property need to be adept at reviewing leases to protect themselves from risk. Although the rent roll is a useful tool, some lenders learned during the economic downturn that it was a mistake to rely solely on the rent roll for a picture of the...
|Be Careful With Fixed Rate Credit Cards|
Michael M. Bell, Steven M. Van Beek; Howard Howard Attorneys PLLC;
August 27, 2014One of the many changes from the Credit CARD Act of 2009 was the limitation on using the term "fixed" in relation to credit card rates. Credit unions that want the ability to increase the APRs on their credit cards in the future need to very carefully manage their advertising and...
|Update on PRC Cross-Border Lending Transactions|
H. John Kao, Graham G. Lim, Wilson L.K. Sung, Jessie Chenghui Tang, Michelle Taylor; Jones Day;
August 27, 2014, previously published on August 2014The State Administration of Foreign Exchange (“SAFE”) of the People’s Republic of China (“PRC”) is the body that supervises the country’s foreign exchange transactions. SAFE recently issued two circulars to encourage cross-border transactions: Circular No. 29...
|Florida Passes New Law for Loan Compliance|
Richard Lawrence Pearlman; Adams Reese LLP;
August 27, 2014, previously published on August 8, 2014On July 1, 2014, a number of changes to Florida banking laws went into effect. Despite the Florida legislature’s stated desire to decrease regulation on businesses, a new law serves to greatly increase regulation on community banks with respect to loans-to-one-borrower limits.
|Federal Court Strikes MERS System in Pennsylvania but Maryland Deeds of Trust Differ From Pennsylvania Mortgages|
Travis W. Dalton, Edward J. Levin; Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014On June 30, 2014, in Montgomery County, Pennsylvania, Recorder of Deeds v. MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc., No. 11-CV-6968, 2014 WL 2957494 (E.D. Pa. 2014), the United States District Court for the Eastern District of Pennsylvania ruled that assignments of...
|OCC Issues New Guidance On Bank Sales of Consumer Debt|
George A. LeMaistre; Jones Walker LLP;
August 27, 2014, previously published on August 21, 2014Earlier this month, the Office of the Comptroller of the Currency ("OCC") released a new guidance discussing the practices that the agency expects banks and thrifts under its supervision to follow in selling consumer debt instruments.