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HTMLMortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice
Kimberly A. Mello, Michele L. Stocker; Greenberg Traurig LLP;
Legal Alert/Article
March 5, 2015, previously published on January 6, 2015
Introduction On Dec. 17, 2014, Florida’s Third District Court of Appeal (Third District) issued its opinion in Deutsche Bank Trust Company Americas v. Beauvais, &under;&under; So. 3d &under;&under; (Fla. 3rd DCA 2014), holding that an involuntary dismissal without prejudice of a mortgage...

 

HTMLLoan Prepayment Penalties
Robinson Brog Leinwand Greene Genovese Gluck P.C.;
Legal Alert/Article
March 5, 2015
It is generally accepted practice for commercial lenders to incorporate prepayment premiums or penalties into loan documents in order to counter act any potential lost interest or other costs resulting from the early payoff of a loan. These prepayment premiums may also be referred to as "make...

 

HTMLStatement of Brazilian Funds Located Overseas - CBE
Carolina M. Bottino, Roberta P. Caneca, Celso Grisi, Ivan Tauil, Eduardo Maccari Telles; Tauil & Chequer Advogados in association with Mayer Brown LLP;
Legal Alert/Article
March 5, 2015, previously published on February 24, 2015
According to Resolution No. 3.854 of 2010 published by the Brazilian Central Bank, individuals and legal entities resident, domiciled or headquartered in Brazil who possess an amount equal or greater than US$ 100,000.00 (one hundred thousand US Dollars) in assets and rights located overseas are...

 

HTMLWhen a Secured Loan Turns into Unsecured Debt: The Irreversibility of Discharged Registrations
M. Sandra Appel; Davis LLP;
Legal Alert/Article
March 3, 2015, previously published on February 5, 2015
A discharge is effective whether or not the secured party intended to discharge that particular registration. That was the decision of the United States Court of Appeals for the Second Circuit, which left JP Morgan unsecured for $1.5 billion as a result of a paperwork mix-up. Case law in Ontario...

 

HTML7 Steps to Reduce Risk
Howard Howard P.C.;
Legal Alert/Article
March 3, 2015
The Dodd-Frank Act changed the "UDAP" landscape and added a new "abusive" test - expanding the acronym to "unfair, deceptive or abusive acts or practices" (UDAAP). This expansion - along with UDAAP being named a priority of the CFPB - has required credit unions to...

 

HTMLAML Developments - FDIC Announces That It Will End Its Supervisory Trend of Expecting Regulated Institutions to 'De-Risk' Entire Categories of Customers
Carl A. Fornaris, Jennifer H. Weddle; Greenberg Traurig, LLP;
Legal Alert/Article
February 27, 2015, previously published on January 30, 2015
On Jan. 28, 2015, the Federal Deposit Insurance Corporation (FDIC) in a Financial Institutions Letter (FIL) announced that it would, in effect, do an about-face on its supervisory expectation that banks strongly consider discontinuing the provision of financial services to entire categories of...

 

HTMLCFPB Observer: Recent Developments from Jan. 26-30, 2015
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
February 27, 2015, previously published on February 4, 2015
On Jan. 29, the CFPB issued a proposed rule that would amend various provisions of its Title XIV mortgage rules relating to small creditors. The purpose of the proposed changes is to “increase the number of financial institutions able to offer certain types of mortgages in rural and...

 

HTMLThe Final Word on Mwangi—the Ninth Circuit Holds Debtor Cannot Recover Alleged Damages for a Stay Violation Arising From an Administrative Freeze on the Debtor’s Bank Account
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.

 

Adobe PDFBanking On Your Personal Data: Recent Guidance Issued to Banks
Gabriela Kennedy, Karen H. F. Lee, Sara S. M. Or; Mayer Brown JSM;
Legal Alert/Article
February 27, 2015, previously published on december 23, 2014
Given the private nature of banking services and as banks serve the vast majority of the public, the banking industry is one of the private sectors in Hong Kong for which the Hong Kong Privacy Commissioner receives most complaints. For the same reasons, data privacy compliance by the banking...

 

HTMLChina Further Opens Up to Foreign Banks
Patrick H. Hu, Peilin Liu; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
Following the recent announcement of several crucial economic reforms by the People's Republic of China ("PRC") leadership, and eight years since the promulgation of China's Administrative Regulations on Foreign-Invested Banks (the "foreign banks regulations"), the PRC State...

 


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