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HTMLThe ISDA Resolution Stay Protocol
Joshua Cohn, Curtis A. Doty, Walker Scheile; Mayer Brown LLP;
Legal Alert/Article
February 4, 2015, previously published on November 25, 2014
On November 12, 2014, the International Swaps and Derivatives Association (“ISDA”) announced that the ISDA 2014 Resolution Stay Protocol (“Protocol”) became open for adherence. More than one-hundred institutions adhered to the Protocol on the launch date, including 18 major...

 

HTMLChanges to Mortgage Servicing Rules
Brooks Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
January 30, 2015, previously published on November 20, 2014
Armed with some background on what the Consumer Financial Protection Bureau (“CFPB”) is and does (from my 11-11-14 blog entry), let’s dive directly into the issue of rules. For starters, let’s look into the CFPB’s new rules relating to servicing mortgages.

 

HTMLLeaving America for Good - Record Numbers of American Expatriate after IRS Crackdown on Americans Living Abroad
Withers Bergman LLP;
Legal Alert/Article
January 22, 2015, previously published on December 19, 2014
Each quarter, the United States publishes a list of the names of each individual losing United States citizenship. This list includes certain long-term residents who are treated as if they were citizens of the United States who lost citizenship. The quarter ending June 30, 2014 saw another 576...

 

HTMLJune is Coming - a Brief Reminder that FBAR E-Filing is Now Mandatory
Withers Bergman LLP;
Legal Alert/Article
January 20, 2015, previously published on December 19, 2014
July 1, 2013 marked the expiration of the general exemption from mandatory electronic filing of the Report of Foreign Bank and Financial Accounts (Form 114, colloquially known as the 'FBAR'). Recent updates from the Financial Crimes Enforcement Network ('FinCEN') make clear that, despite previously...

 

HTMLCFPB Finalizes Rule on Annual Privacy Notices
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
January 16, 2015, previously published on October 23, 2014
On October 20, the Consumer Financial Protection Bureau ("CFPB") announced that it had finalized a rule to allow financial institutions that meet certain requirements to post their privacy policies online in lieu of mailing annual privacy notices to their customers.

 

HTMLRegulators Expect Continued Focus on Fair Lending
H. Gary Pannell; Jones Walker LLP;
Legal Alert/Article
January 16, 2015
Compliance with fair lending requirements continues to rank as a high priority among federal financial regulators. A panel discussion at a meeting of the Mortgage Bankers Association in late September featured representatives of the U.S. Department of Justice, the Consumer Financial Protection...

 

HTMLOntario Court of Appeal Rules on Production of Discharge Statements
Heather Pessione, Martin Sclisizzi; Borden Ladner Gervais LLP;
Legal Alert/Article
January 13, 2015, previously published on December 15, 2014
The Court of Appeal’s recent decision in Royal Bank of Canada v. Trang, 2014 ONCA 883 (“Trang”) has important implications for judgment debtors/creditors and mortgagees/mortgagors. Writing for the majority in a 3-2 decision, Justice Laskin held that a mortgage discharge statement...

 

Adobe PDFCure and Reinstatement of Home Mortgages in Chapter 13: Florida's Bright-Line Rule is Not So Bright
Jonathan M. Sykes; Burr & Forman LLP;
Legal Alert/Article
January 12, 2015, previously published on November 19, 2014
Section 1322(c)(1) of the Bankruptcy Code allows debtors to cure defaults and reinstate a mortgage on their principal residence "until such residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law." Like many provisions of the Bankruptcy...

 

HTMLCSBS and NYDFS Issue Cyber Security Guidance for Banks
Christina M. Gattuso, Erich M. Hellmond, Erich G. Oliffer, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
January 10, 2015, previously published on December 19, 2014
The Conference of State Bank Supervisors (the ¿CSBS¿) and the New York Department of Financial Services (the ¿NYDFS¿) recently issued valuable guidance for financial institutions regarding cyber security. On December 10, 2014, the NYDFS issued a guidance letter to all NYDFS-regulated banks...

 

HTMLFDIC Issues Guidance for State Banks Engaging in Activities Permissible for National Banks
Scott A. Brown, Erich M. Hellmold, Aaron Kaslow, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
January 10, 2015, previously published on December 4, 2014
On November 19, 2014, the Federal Deposit Insurance Corporation (the “FDIC”) issued Financial Institution Letter 54-2014, Filing and Documentation Procedures for State Banks Engaging, Directly or Indirectly, in Activities or Investments That Are Permissible for National Banks...

 


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