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HTMLFlorida Consumer Collection Practices Act Applies to Anyone Collecting a Debt
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
The 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...


HTMLBeyond the Rent Roll - Retail Lease Agreements
Heather Sue Nason; Rogers Towers, P.A.;
Legal Alert/Article
August 28, 2014, previously published on August 19, 2014
Commercial 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...


HTMLFederal Court Strikes MERS System in Pennsylvania but Maryland Deeds of Trust Differ From Pennsylvania Mortgages
Travis W. Dalton, Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
August 27, 2014, previously published on August 2014
On 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...


HTMLBe Careful With Fixed Rate Credit Cards
Michael M. Bell, Steven M. Van Beek; Howard Howard Attorneys PLLC;
Legal Alert/Article
August 27, 2014
One 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...


HTMLSupreme Court’s Latest Interpretation on Late Payment Interest
Sharon Xu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 20, 2014
The 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...


Adobe PDFUpdate on PRC Cross-Border Lending Transactions
H. John Kao, Graham G. Lim, Wilson L.K. Sung, Jessie Chenghui Tang, Michelle Taylor; Jones Day;
Legal Alert/Article
August 27, 2014, previously published on August 2014
The 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...


HTMLOCC Issues New Guidance On Bank Sales of Consumer Debt
George A. LeMaistre; Jones Walker LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
Earlier 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.


HTMLPresumption 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;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
The 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...


HTMLFlorida Passes New Law for Loan Compliance
Richard Lawrence Pearlman; Adams Reese LLP;
Legal Alert/Article
August 27, 2014, previously published on August 8, 2014
On 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.


HTMLCFPB Issues Proposed Rule Implementing Dodd-Frank Amendments to HMDA
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
August 26, 2014, previously published on August 20, 2014
On 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...


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