Searching Content indexed under Charges, Mortgages, Indemnities by Foley & Lardner ordered by Published Date Descending.
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Reading The Tea Leaves: A Look At The EEOC Charge And Litigation Statistics From Fiscal Year 2018
Every year, the EEOC publicly releases information detailing what the agency has been working on during the past fiscal year.
United States
28 Jun 2019
Conover v. Patriot Land Transfer: RESPA's Statute Of Limitations And Equitable Tolling Clash Again
A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data lists in return
United States
15 Mar 2019
The Art Of Holding Harmless: Indemnification Provisions In Supply Agreements And How They Differ From Warranty
According to Black's Law Dictionary (10th ed. 2014), indemnity is a "duty to make good any loss, damage, or liability incurred by another."
United States
7 Mar 2019
New USPTO Fees For 2021
The USPTO has commenced a fee-setting process for fee adjustments it expects to implement in January 2021.
United States
20 Aug 2018
The Phasing Out Of LIBOR: Initial Reaction And Preparation
As has been widely publicized, on July 27, 2017, the U.K. Financial Conduct Authority announced that LIBOR (London Interbank Offered Rate) the longtime global interest rate benchmark...
30 Oct 2017
CFPB Overreaches In Handling Alleged RESPA ABA Exemption Issues In Meridian
The CFPB faulted Meridian for allegedly failing to provide a RESPA disclosure explaining the affiliation with the underwriter...
United States
18 Oct 2017
The CFPB's Respa Consent Orders: Eight Key Takeaways
The CFBP on January 31, 2017 issued consent orders settling enforcement claims that a major mortgage lender violated the RESPA in connection with its marketing, desk rental, lead purchase...
United States
16 Feb 2017
Five Key Takeaways From The D.C. Circuit's PHH Decision
The director also declared that the Bureau is not subject to any statute of limitations if it decides to prosecute claims in its own administrative forum.
United States
20 Oct 2016
Bankruptcy Homeowners Cannot Surrender Residence In Bankruptcy And Later Fight Lender's Foreclosure
In a rare win for mortgage lenders, the 11th Circuit (Florida, Georgia, and Alabama) ruled today that an owner who agrees to "surrender" their residence in bankruptcy court under 11 U.S.C.
United States
7 Oct 2016
A Trifecta Of Legal Victories For Lenders In Florida
Based on Beauvais, lenders should take a look at their loan documents, paying particular attention to any non-waiver and acceleration provisions and consider, if not included, addressing the issue of de-acceleration.
United States
22 Apr 2016
PHH v. CFPB: "What Is A Kickback?"
On April 12, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in PHH Corporation's milestone legal battle with the Consumer Financial Protection Bureau.
United States
20 Apr 2016
CFPB Director's Divisive View Of RESPA Limitations Period Central To Ongoing UDAAP Action
In the ongoing Integrity Advance enforcement action by the Consumer Financial Protection Bureau ("CFPB" or "Bureau"), the Office of Enforcement this January filed a brief...
United States
2 Feb 2016
CFPB Extends TRID Effective Date To October 1
The Consumer Financial Protection Bureau ("CFPB") announced that it would provide mortgage lenders with additional time to prepare for the highly anticipated TILA-RESPA Integrated Disclosures ("TRID").
United States
19 Jun 2015
CFPB Director Cordray Issues First-Ever Agency Appellate Decision In RESPA Case
The Director of the Federal Consumer Financial Protection Bureau (CFPB), Richard Cordray, issued a decision yesterday in the first appeal of a Bureau administrative enforcement action.
United States
8 Jun 2015
UDAAP Council Weekly UDAAP Standards Report - 4/22/2015
A debt collector’s statement that a debtor’s failure to pay her debt could lead to criminal prosecution violated the Fair Debt Collection Practices Act (FDCPA), given that failure to pay a debt is not a crime.
United States
24 Apr 2015
UDAAP Council Weekly UDAAP Standards Report - 4/1/2015
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.
United States
7 Apr 2015
When "Shall" Means "May": Wisconsin Court Of Appeals Allows Mortgage Lenders To Slow The Foreclosure Sale Process
Last week we discussed the Wisconsin Supreme Court's decision in Bank of New York v. Carson permitting circuit courts to force a mortgagee to hold a sheriff's sale.
United States
3 Mar 2015
Failure To Disclose Known Trends Or Uncertainties In Public Filings May Create Liability Under Section 10(b)
On January 12, 2015, the U.S. Court of Appeals for the Second Circuit held in Stratte-McClure v. Morgan Stanley that a failure to make a required disclosure under Item 303 of Regulation S-K in a Quarterly Report on Form 10-Q is an omission that can serve as the basis for a Section 10(b) securities fraud claim if (1) the omission satisfies the materiality requirements outlined in Basic v. Levinson.
United States
2 Mar 2015
When "Shall" Means "Shall": Wisconsin Supreme Court Requires Mortgage Lenders To Sell Abandoned Properties In Foreclosure
Last week the Wisconsin Supreme Court issued its decision in Bank of New York v. Carson, 2015 WI 15, a case we previewed here.
United States
26 Feb 2015
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