With the 2024 election behind us and the 119th Congress now in session, the political climate has created an opportunity for meaningful statutory reforms of the federal consumer financial laws to become reality.
The 119th...more
2/6/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Financial Regulatory Reform ,
Loper Bright Enterprises v Raimondo ,
Mortgage Servicers ,
Regulatory Reform ,
RESPA ,
Rulemaking Process ,
SCOTUS
The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated the bona fide...more
The CARES Act provided historic, temporary relief to mortgage holders facing Covid-19-related financial troubles. R. Aaron Chastain, partner at Bradley Arant Boult Cummings LLP, looks at where mortgage lenders and servicers...more
11/10/2020
/ Borrowers ,
Business Ownership ,
CARES Act ,
Coronavirus/COVID-19 ,
Financial Distress ,
Financial Services Industry ,
Forbearance Agreements ,
GSE ,
Homeowners ,
Mortgage Servicers ,
Mortgages ,
Relief Measures
On June 17, New York Gov. Andrew Cuomo signed one of the most far-reaching COVID-19 mortgage assistance state programs yet into law. Affected servicers and lenders will soon need to decide whether they should find a way to...more
6/23/2020
/ Compliance ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Forbearance Agreements ,
Governor Cuomo ,
Loan Modifications ,
Loss Mitigation ,
Mortgage Lenders ,
Mortgage Servicers ,
Relief Measures
Reverse mortgage lenders received a significant victory in Florida’s Third District Court of Appeal last week when the court issued its decision in OneWest Bank, FSB v. Palmero. After previously ruling in Smith v. Reverse...more
4/27/2018
/ Borrowers ,
Foreclosure ,
Judicial Foreclosure Process ,
Mortgage Insurance ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Promissory Notes ,
Reverse Mortgages ,
Spouses ,
Surviving Spouse
The District of Columbia Court of Appeals recently sent a new set of shockwaves through the mortgage industry in the nation’s capital when it released its decision in Andrea Liu v. U.S. Bank National Association. Having held...more
Last week, the U.S. Court of Appeals for the Ninth Circuit issued a significant decision in favor of lenders and mortgage servicers fighting off claims that their mortgage liens were extinguished by Nevada homeowners...more
8/28/2017
/ Banking Sector ,
Fannie Mae ,
Financial Services Industry ,
Foreclosure ,
Freddie Mac ,
HERA ,
Homeowners Association (HOA) ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Perfected Security Interest ,
Preemption
On April 19, 2016, Tennessee Governor Bill Haslam signed HB 2401, amending Tennessee’s condominium statue to make it clear that condominium associations cannot acquire a “superpriority” lien that trumps a first security...more
4/25/2016
/ Amended Legislation ,
Condominium Act ,
Condominium Associations ,
Condominiums ,
Foreclosure ,
Governor Haslam ,
Lien Priority ,
Liens ,
Mortgage Bankers Association ,
Mortgage Lenders ,
Mortgage Servicers ,
Super Priority