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|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...
|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...
|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...
|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...
|Supreme Court’s Latest Interpretation on Late Payment Interest|
Sharon Xu; Sheppard, Mullin, Richter & Hampton LLP;
August 27, 2014, previously published on August 20, 2014The Supreme People’s Court of China recently issued an interpretation on how to calculate the interest accrued on delayed payment - Interpretation of the Supreme People’s Court of Several Issues Concerning the Applicable Law for Calculating Interest On Delayed Payment in the Enforcement...
|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...
|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.
|Presumption Against Extraterritoriality in Morrison v. National Australia Bank Extended to Private Party Whistleblower Retaliation Cases|
Matthew Bisanz, Marcus Christian, Mark G. Hanchet, Alex C. Lakatos, Richard M. Rosenfeld; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014The US Court of Appeals for the Second Circuit has ruled that the presumption against extraterritoriality applies to private party actions under Section 21(h) of the Securities Exchange Act of 1934 (“Exchange Act”). The Second Circuit’s August 14, 2014 decision in Liu v. Siemens...
|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.
|CFPB Issues Proposed Rule Implementing Dodd-Frank Amendments to HMDA|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
August 26, 2014, previously published on August 20, 2014On July 24th, the CFPB issued a proposed rule that would amend Regulation C to implement amendments to the Home Mortgage Disclosure Act (HMDA) made by the Dodd-Frank Act. HMDA generally requires mortgage lenders to report information about loan applications they receive and about loans they...