News & Analysis as of

Truth in Lending Act (TILA) Fair Credit Reporting Act (FCRA) Mortgages

Venable LLP

CFPB Narrows Supervision and Enforcement, Leaving Broader Focus to States

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The CFPB confirmed in a recent memo to staff that it is shifting its tone on supervision and enforcement—even as reports circulate about significant staffing cuts and potential structural changes at the agency. ...more

Orrick, Herrington & Sutcliffe LLP

CFPB voluntarily dismisses enforcement action against mortgage lender

On February 28, the CFPB filed a joint stipulation of voluntary dismissal, with prejudice, in the U.S. District Court for the District of Connecticut, ending an enforcement action originally brought in 2021 against a mortgage...more

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2024

Headlines 1. Supreme Court Upholds the Constitutionality of the CFPB’s Funding Structure The Supreme Court has ruled that the statutory authorization that allows the CFPB to draw funds from the earnings of the Federal Reserve...more

Buchalter

CFPB Proposed Regulatory Activity Agenda Released, Focuses on Limitations on Bank and Credit Card Fees, Small Business Lending...

Buchalter on

The Office of Information and Regulatory Affairs in the Office of Management and Budget has released the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Agenda) reports on the actions administrative agencies...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 26, 2021

Carlton Fields on

Real Property Update - Foreclosure: Trial court cannot arbitrarily reject evidence or testimony in a mortgage foreclosure proceeding, and lender that proved elements was entitled to foreclosure judgment – U.S. Bank, N.A....more

Morrison & Foerster LLP

Financial Services Report - Spring 2021

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio...more

Goodwin

CFPB Sues Connecticut-Based Mortgage Lender

Goodwin on

On January 15, 2021, the Consumer Financial Protection Bureau (CFPB) announced it had filed suit in the United States District Court for the District of Connecticut against a Connecticut-based mortgage company and three...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending August 21, 2020

Carlton Fields on

Real Property Update - Foreclosure Sale / Challenge: borrower failed to meet his burden of establishing that gross inadequacy of foreclosure bid price resulted from "mistake, fraud or other irregularity" in the sale -...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 17, 2020

Carlton Fields on

Real Property Update - Foreclosure / Redemption / Intervention: Claim for right of redemption procedurally barred once certificate of title issued; party failed to appeal earlier order denying right to intervene in...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 3, 2020

Carlton Fields on

Real Property Update - Quiet Title: Trial court abused discretion by entering final judgment quieting title when jury did not determine (1) whether plaintiffs were entitled to legal or equitable title or (2) which deed was...more

Carlton Fields

Financial Services Update: Week Ending November 1, 2019

Carlton Fields on

Financial Services Update - FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

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REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending March 9 & 16, 2018

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REAL PROPERTY UPDATE - Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more

Carlton Fields

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

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REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

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Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 12, 2018

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REAL PROPERTY UPDATE - Standing/Foreclosure: pursuant to Florida Rule of Procedure 1.260, the assignee of a note during pendency of a foreclosure acquires standing of original plaintiff lender - Spicer v Ocwen Loan...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending December 1 & 8, 2017

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REAL PROPERTY UPDATE - - Foreclosure/Errors in Legal Description: error in legal description did not preclude judgment of foreclosure because property was sufficiently identified by accurate lot and tract, street address,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Ballard Spahr LLP

Congressional hearing regarding proposed financial regulation scheduled for September 7

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Congress is back in session and this Thursday, September 7, the House Subcommittee on Financial Institutions and Consumer Credit will hold a one-panel hearing entitled “Legislative Proposals for a More Efficient Federal...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

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REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more

Morrison & Foerster LLP

Financial Services Report, Spring 2016

Why another law firm newsletter? Over ten years ago, Will Stern answered that question in the first Editor’s Note of the first Financial Services Report. Some things have changed since then—we no longer print and mail paper...more

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