Searching Content indexed under Charges, Mortgages, Indemnities by Troutman Sanders LLP ordered by Published Date Descending.
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Virginia Supreme Court Affirms Forbearance Agreement Did Not Waive Right To Foreclose
On November 21, in Sweely Holdings LLC v. SunTrust Bank et al., the Supreme Court of Virginia issued an opinion that is beneficial to the mortgage industry in Virginia because it upheld a bank's right
United States
13 Dec 2018
Virginia AG Untangles Online Lending Web And Obtains $50 Million Judgment
This swift action embodies Attorney General Mark Herring's recent effort to vigorously enforce Virginia's lending laws.
United States
30 Nov 2018
Seventh Circuit Holds That Borrower Failed To Show Harm Caused By Servicer's QWR Response
In November 2012, a Wisconsin state court entered a foreclosure judgment against Terrence Moore due to his longstanding payment default on a mortgage serviced by Wells Fargo.
United States
29 Nov 2018
Eleventh Circuit Affirms Dismissal Of Consumer's FDCPA Claim For Failing To State A Plausible Claim For Relief
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama's dismissal of a consumer's claim under § 1692g of the Fair Debt Collection Practices Act...
United States
26 Nov 2018
Change Is Coming! (To The Federal Rules Of Civil Procedure)
Effective December 1, important changes are coming to the Federal Rules of Civil Procedure, including:
United States
23 Nov 2018
Eleventh Circuit Rejects Plaintiffs' Insurance-Kickback Claims Based On Filed-Rate Doctrine
On September 24, the Court of Appeals for the Eleventh Circuit in Patel v. Specialized Loan Servicing, LLC ruled that a group of plaintiffs from Florida and Pennsylvania could not challenge the forced-placed insurance ("FPI") rate their mortgage servicers charged.
United States
14 Nov 2018
In Case You Missed It: Consumer Financial Services Law Monitor - June In Review
We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of June.
United States
19 Jul 2018
What (Some) Employers And (Some) Schools Are Doing To Help Mitigate The Nation's Student Loan Problem
As the student loan total keeps climbing and Congress keeps debating what to do, advice from all corners keeps bombarding the nation's desperate borrowers. Some tout the use of crowdfunding via sites ...
United States
12 Jun 2018
The Reform Act Cuts Red Tape For Community Banks
On May 24, 2018, in what The Wall Street Journal described as "the most significant change yet" to the Dodd-Frank Wall Street Reform and Customer Protection Act (the "Dodd-Frank Act")...
United States
7 Jun 2018
Latest Student Loan Data Paint A Grim Picture
On March 31, 2018 the United States crossed a milestone. As of that date, Americans' student loan debt topped $1.5 trillion, exceeding the share of consumer debt held by auto loans ($1.1 trillion) ...
United States
7 Jun 2018
DOE Plans To Stop Using Private Debt Collectors
As disclosed in a notification filed on May 3, in FMS Investment Corp. v. United States ("the Notice"), the Department of Education ("DOE") will soon stop using private debt collectors to handle overdue student loan payments.
United States
7 Jun 2018
State Roundup: Legislators Signal Readiness To Reconsider Or Repeal Laws Allowing For Revocation Of Professional Licenses Due To Borrowers' Student Loan Defaults
In the fall of 2017, the New York Times documented the existence of laws in nineteen jurisdictions which allow for the revocation of government-issued professional licenses if a holder defaults on a student loan.
United States
8 May 2018
Report Finds Housing Crisis May Have Turbocharged Student Loan Crisis
In a still-incomplete provocative piece whose conclusions were presented at this year's American Economic Association ("AEA") meeting in Philadelphia in January 2018 and highlighted...
United States
25 Apr 2018
Seventh Circuit Rejects Use Of Safe Harbor Language With Variable Amount Of Debt
In a recent ruling, the Seventh Circuit Court of Appeals held that plaintiffs stated a viable claim under the Fair Debt Collection Practices Act by alleging that a collection letter which included the safe harbour...
United States
18 Apr 2018
California Court Of Appeal Holds Mortgage Servicers Can Be Debt Collectors Under State's Debt Collection Law
According to a recent decision from the California Court of Appeal, mortgage lenders and servicers can, at least under certain circumstances, be "debt collectors" under the California Rosenthal Fair Debt Collection...
United States
11 Apr 2018
White House Releases Highlights From President's Proposed Budget
On February 12, the White House released its budget proposal for Fiscal Year 2018, a document that calls for numerous changes to the repayment and forgiveness of federal student loans taken out after July 1, 2019.
United States
16 Mar 2018
Department Of Education Argues For Preemption Of State Regulation Of Student Loan Servicers
In the student loan market, servicers play a critical role. These entities maintain account records regarding borrowers, send periodic statements advising borrowers about amounts due and outstanding balances, ...
United States
15 Mar 2018
Two Bipartisan Proposals To Dodd-Frank Overhaul May Lead To Greater Borrower Flexibility In Management Of Private Student Loans
The Senate's latest banking bill primarily focuses on overturning large chunks of the Dodd–Frank Wall Street Reform and Consumer Protection Act.
United States
14 Mar 2018
Congress Continues Efforts To Overhaul Student Loan System
Introduced by Rep. Virginia Foxx (R-N.C.), the Promoting Real Opportunity, Success, and Prosperity through Education Reform (PROSPER) Act cleared the Committee on Education...
United States
14 Mar 2018
Two Industry Proposals Aim To Relax Federal Government's Primacy In Student Loan Market
Two major groups within the financial industry began the month of March with renewed advocacy for structural modifications to the student loan program managed by the U.S. Department of Education ...
United States
13 Mar 2018
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