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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.

 

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...

 

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.

 

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...

 

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...

 

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...

 

HTMLCFPB Takes Enforcement Action against Mortgage Lender for Deceptive Practices
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 August 12th, the CFPB announced that it had entered a consent order with a mortgage lender. According to the CFPB, the mortgage company "lured consumers by advertising misleading interest rates, locked them in with costly up-front fees, failed to honor its advertised rates, and then...

 

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...

 

HTMLCFPB Proposes Changes to Reg C
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 19, 2014, previously published on August 7, 2014
The Home Mortgage Disclosure Act (“HMDA”), implemented through Regulation C, is the next target for changes by the Consumer Financial Protection Bureau (“CFPB”). The CFPB’s proposed rule claims to simplify the reporting process for financial institutions while also...

 


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