Real Estate Law

Recent Posts

Ballard Spahr LLP: Borrower Cannot Sue after Three Years To Rescind Mortgage Loan, 10th Circuit Rules
Posted on 9 Jul 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group A borrower cannot bring a lawsuit seeking rescission more than three years after loan consummation, the U.S. Court of Appeals for the 10th Circuit has ruled. In its June 11, 2012, decision in Rosenfield... Read More

Fixing a Broken System: Reconciling State Foreclosure Law with Economic Realities
Posted on 3 May 2011 by LexisNexis Real Estate Law Community Staff

By Yianni D. Lagos* *Candidate for JD/MBA, June 2011, The Ohio State University. Excerpt from Fixing a Broken System: Reconciling State Foreclosure Law with Economic Realities , 7-1 Tenn. J. L. & Pol'y 84 (Spring 2011) INTRODUCTION... Read More

Ballard Spahr LLP: Mortgage Lenders, Brokers Now Subject to Anti-Money Laundering Regulations
Posted on 10 Feb 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group In a move that will directly affect non-bank mortgage lenders, federal regulators have significantly expanded the list of those subject to anti-money laundering regulations to include mortgage lenders and brokers... Read More

HOLA Does Not Preempt Fraud Claims against Mortgage Loan Servicer, California District Court Rules
Posted on 19 Sep 2013 by Ballard Spahr LLP

The Southern District of California recently held that claims against a mortgage loan servicer are not preempted by the Home Owners Loan Act (HOLA) when they rely on "general allegations of misrepresentation" and are only "incidental"... Read More

How Do You Say Scapegoat In French? "Fabulous Fab" Still The Only Target Of SEC Investigation Into Goldman Sach's Mortgage Trading Operations
Posted on 8 Jun 2011 by Peter J. Gallagher

Several years after the start of the financial crisis, and the mortgage meltdown that caused it, only one individual, Fabrice Toure - a/k/a "Fabulous Fab," his self-imposed moniker -- has been sued by the SEC for selling the mortgage backed... Read More

Ballard Spahr LLP: MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules
Posted on 1 Jun 2012 by Ballard Spahr LLP

By members of the Consumer Financial Services Group The California Court of Appeal has ruled that the Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust. ... Read More

State Net Capitol Journal Legislative Updates: Oregon May Expand Foreclosure Mediation Program
Posted on 4 Jun 2013 by State Net

BUSINESS: The OREGON House approves SB 558A, a bill that expands the foreclosure mediation program lawmakers created last year to apply to foreclosures pursued by lenders in courts. It moves to Gov. John Kitzhaber (D) for review (PORTLAND OREGONIAN).... Read More

Vetstein Law Group: Massachusetts SJC Issues Another Important Foreclosure Ruling In HSBC Bank v. Matt
Posted on 6 Feb 2013 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Legal Standing For Mortgage Lender/Servicer Must Be Established To Start Foreclosure Today [January 14th] the Massachusetts Supreme Judicial Court has issued what I believe to be another very important ruling involving... Read More

Fair Foreclosure Act Does Not Apply When Borrowers No Longer Reside at Secured Premises At the Time of Default
Posted on 20 Jun 2011 by Matthew J. Schiller

New Jersey's legislature enacted the Fair Foreclosure Act in order to afford homeowners "every opportunity to pay their home mortgages, and thus keep their homes." Amongst its safeguards, the Fair Foreclosure Act gives residential mortgagors... Read More

Ballard Spahr LLP: CFPB Proposes Integrated TILA-RESPA Forms and Related Rules
Posted on 31 Jul 2012 by Ballard Spahr LLP

By Richard A. Andreano, Jr. , and Stanley D. Mabbitt Elizabeth Warren's dream of a one-page mortgage disclosure form is officially dead. On July 9, 2012, the CFPB released its long-awaited proposed rule consolidating the application and closing... Read More

Stoner on the U.S. Bank v. Ibanez Decision: Another "failure to produce documents" case or a turning point in foreclosure law?
Posted on 14 Feb 2011 by John E. Stoner

United States Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637 (Mass. 2011) [ enhanced version available to subscribers / unenhanced version available from lexisONE Free Case Law ] may have widespread implications for the mortgage industry... Read More

Troutman Sanders LLP: CFPB Will Supervise Real Estate Mortgage Loan Servicing Transfers
Posted on 29 Mar 2013 by Troutman Sanders

By John C. Lynch, David N. Anthon, Jason E. Manning, and Maryia Y. Jones On February 11, 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin (Bulletin) detailing its plans to closely supervise loan servicing transfers and enforce... Read More

Troutman Sanders LLP: CFPB Goes After Mortgage Industry; Other Nonbanks Are Next
Posted on 18 Jan 2012 by Troutman Sanders

By David N. Anthony , Alan D. Wingfield and Virginia Bell Flynn Five days after the Consumer Financial Protection Bureau (CFPB) obtained its full power to regulate nonbanks through the controversial recess appointment of Richard Cordray as Director... Read More

Ballard Spahr LLP: CFPB Moves to Broaden Scope of ‘High-Cost’ Mortgages
Posted on 7 Aug 2012 by Ballard Spahr LLP

By Mercedes Kelley Tunstall The Consumer Financial Protection Bureau is moving to broaden the scope of mortgages that would be viewed as "high cost" and therefore subject to special disclosure requirements. In a notice of proposed rulemaking... Read More

Bruce Bergman on Foreclosure: Legal Fees to Mortgage Borrowers? - Analysis, Webinar and Video
Posted on 2 Nov 2011 by Bruce J. Bergman

It is old news that in mortgage foreclosure cases recovery of reasonable fees to the foreclosing lender can be available if the mortgage so provides. Until recently, such legal fees were not usually available to borrowers. New York law enhanced... Read More