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HTMLPentagon Proposes Amendments to Military Lending Regulations
Eric J. Dyas; Jones Walker LLP;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
On Monday, September 29, the Department of Defense ("DOD") published in the Federal Register proposed amendments to its regulations implementing the Military Lending Act ("MLA"). The MLA, 10 U.S.C. § 987, and its implementing regulations, 32 C.F.R. Part 232, impose various...

 

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....

 

HTMLSupreme Court of Canada Rules that Provincial Consumer Protection Laws Apply to Bank-Issued Credit Cards
Suhuyini Abudulai; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 9, 2014, previously published on October 1, 2014
On September 19, 2014, the Supreme Court of Canada (the “SCC”) released its long-awaited decision in Bank of Montreal v. Marcotte and two companion cases (Amex Bank of Canada v. Adams and Marcotte v. Fédération des caisses Desjardins du Québec). Significantly, the...

 

HTMLHolding a Deed in Lieu in Escrow
Heather Sue Nason, Jonathan R. Sacks; Rogers Towers, P.A.;
Legal Alert/Article
October 8, 2014, previously published on September 24, 2014
To avoid foreclosure, a borrower might agree to execute a deed in lieu of foreclosure to be held in escrow. In these circumstances, the borrower would execute a deed-in-lieu of foreclosure to the mortgaged property in favor of the lender. The deed would be held by the lender or other third party in...

 

HTMLCreditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale
Karl Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
Florida’s homestead exemption protects a married couple’s primary residence from forced sale to satisfy a judgment lien, but what happens when spouses retain two properties as their individual primary residences, claiming homestead protection on each? The answer comes down to whether...

 

HTMLBankruptcy Trustee Lacks Standing to Bring Derivative Claim Against Bank’s Directors After Bank’s Closure and Receivership by FDIC
Scott St. Amand; Rogers Towers, P.A.;
Legal Alert/Article
October 8, 2014, previously published on September 25, 2014
In April of 2010, the Office of the Comptroller of the Currency closed First National Bank Myrtle Beach, S.C., a wholly-owned subsidiary of Beach First National Bancshares, a bank holding company, and named the FDIC as its receiver. As a consequence of the bank’s failure, Bancshares filed for...

 

HTMLIf Community Comes First, Customers Will Follow! An Interview with Lyn Hayth, President and CEO of the Bank of Botetourt
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
October 7, 2014, previously published on September 18, 2014
We interviewed Lyn Hayth, President and CEO of the Bank of Botetourt, for Community Banking Excellence this issue. Lyn has been a banker for more than 30 years. His bank, with about $312 million in assets and $248 million in loans, operates primarily in the Virginia counties of Botetourt, Roanoke,...

 

HTMLRegulators Publish Re-proposed Margin Requirements for Uncleared Swaps
James M. Cain, Warren N. Davis, Daphne G. Frydman, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
On September 3, 2014, the Board of Governors of the Federal Reserve System (the Board) jointly adopted, with certain federal banking regulators, re-proposed rules that will require registered swap dealers, security-based swap dealers, major swap participants and major security-based swap...

 

HTMLMARCOTTE - The Banks and Provincial Laws
James H. Archer, Ana Badour, Robert P. Metcalfe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
On September 19, 2014, the Supreme Court of Canada delivered decisions in three related appeals from the Québec Court of Appeal that have come to be known collectively as ”Marcotte.” These class actions arose out of a very narrow issue concerning the requirements under the...

 

HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On 18 September, the Financial Conduct Authority (FCA) held a conference which addressed the agenda for Markets in Financial Instruments Directive (MiFID) II. Among other key speakers, David Lawton, the FCAs director of markets, and Maggie Craig, acting head of savings and investments, talked about...

 


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