Searching Content indexed under Charges, Mortgages, Indemnities by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Proposed And Expanded Disclosure Obligations For Hospitals Regarding Not Only Gross Charges, But Third Party Payor Pricing As Well
On July 29, 2019, CMS released its proposed outpatient prospective payment system ("OPPS") rule outlining a variety of changes it may implement for calendar year 2020.
United States
8 Aug 2019
California Supreme Court Rules That Loans Not Subject To Usury Cap May Still Be Unconscionable
The California Supreme Court ruled on Monday, August 18, that an interest rate on a consumer loan in California could be deemed illegally high even if the loan is not subject to the state's usury law.
United States
2 Sep 2018
The Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection
On Oct. 19, 2016, the Ninth Circuit held that merely enforcing a security interest is not "debt collection" under the federal Fair Debt Collection Practices Act ("FDCPA").
United States
7 Nov 2016
Notice To Mortgage Lenders – Your Mortgage Interest Statements Must Be Revised Starting In Tax Year 2016
An act passed by Congress last year makes changes to IRS Form 1098 (Mortgage Interest Statement) starting in tax year 2016 (reported commencing in calendar year 2017).
United States
22 Jun 2016
The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place
Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.
United States
5 Apr 2016
CFPB Issues Letter On TRID Enforcement And Liability
While Director Cordray's letter should be helpful, a couple points should be noted. First, the letter is not an official interpretation of TILA or RESPA, and therefore would not appear to be binding on the CFPB, other regulators or courts.
United States
13 Jan 2016
CFPB Publishes Bulletin On RESPA Compliance And Marketing Services Agreements
Any agreement (including an MSA) that entails exchanging a thing of value for referrals of settlement service business involving a federally related mortgage loan likely violates RESPA.
United States
15 Oct 2015
Creative Construction: The Ninth Circuit Relaxes Removal Statute’s Timeliness Test In Class Action Fairness Act Cases
In Jordan v. Nationstar Mortgage LLC a Ninth Circuit panel held that cases subject to the Class Action Fairness Act become "removable" only when removal under CAFA is first ascertainable.
United States
21 Apr 2015
No Change Of Position, No Estoppel
Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position.
United States
19 Jan 2015
Second Circuit Holds RMBS-Issued Certificates Are Exempt From The TIA
On December 23, 2014, the United States Court of Appeals for the Second Circuit issued an opinion on an issue of first impression, namely the scope of § 304(a)(2) of the Trust Indenture Act of 1939...
United States
9 Jan 2015
Mechanics Lien Subordination: Illinois Further Limits Construction Lenders’ Ability To Ensure Priority Against Mechanics Liens
On July 16, 2014, Illinois enacted Public Act 98-764 (Senate Bill 3023) ("SB 3023"), which amends the Illinois Mechanics Lien Act (770 ILCS 60/ et seq.) (the "Act") to prohibit subordination of mechanics liens on Illinois construction projects, unless such subordination is to a construction mortgage lien made after 50% of the construction loan has been disbursed to fund construction costs.
United States
24 Sep 2014
Some QM Relief In Sight? CFPB Proposes Amendment To QM Rule Which Will Permit Creditors To Cure Inadvertent QM Violations Through Refunding Excess Points And Fees
The Bureau of Consumer Financial Protection announced April 30 that it is proposing amendments to Regulation Z.
United States
12 May 2014
If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable
A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure.
United States
4 Feb 2014
CFPB Releases Exam Procedure Updates For TILA And RESPA
On August 15 the Consumer Financial Protection Bureau released updates to its examination procedures in connection with the new mortgage regulations that were issued in January.
United States
18 Aug 2013
Delaware Court Provides Critical Guidance As To The Commercial Reasonableness Of A UCC Article 9 Foreclosure Sale
Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower’s default.
United States
17 Jun 2013
All Residential Mortgage Backed Securities Cases To Be Assigned To Justice Friedman Of The Commercial Division
Justice Marcy Friedman of the Commercial Division in Manhattan will now be assigned any new case filed in New York Supreme Court that alleges fraud or misrepresentation arising out of the creation or sale of residential mortgage backed securities.
United States
13 Jun 2013
CFPB Amends Ability-To-Repay/Qualified Mortgage Regulations To Exclude Creditor's Payment Of Compensation To Loan Originator Employees From Calculation Of Points And Fees
The Consumer Financial Protection Bureau recently issued a final rule amending its Ability to Repay/Qualified Mortgage rule, originally issued on January 10, 2013.
United States
10 Jun 2013
California Homeowner Bill Of Rights: A New Mortgage Law For The New Year
The California Homeowner Bill of Rights ("HBR") goes into effect on January 1, 2013.
United States
19 Dec 2012
TILA Does Not Require A Loan Servicer To Identify Who Owns A Loan, Unless The Servicer Owns The Loan By Assignment
In "Gale v. First Franklin Loan Services", the Ninth Circuit held that a borrower has no right under the federal Truth in Lending Act to require a loan servicer to identify the owner of a loan obligation.
United States
17 Oct 2012
Another California Court Approves The Use Of MERS
In "Herrera v. Federal National Mortgage Association" (2012), the California Court of Appeal joined other courts in rejecting the plaintiffs’ attempt to avoid their mortgage obligations.
United States
2 Jul 2012
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