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12 Apr 2018, 9:01 pm
State law makes no express statement about candidates’ age or residency. [read post]
4 Apr 2018, 12:38 pm
The report’s summaries of enforcement actions in which the CFPB was a party from October 1, 2016 through September 1, 2017 references developments in those cases after September 1, such as the CFPB’s dismissal in January 2018 of a case it had filed against four tribal lenders. [read post]
21 Mar 2018, 7:00 am
Lenders want to ensure that the borrower possesses the underlying rights required to create the content and as such a chain of title opinion is usually required. [read post]
2 Jan 2018, 5:08 pm
The world of directors’ and officers’ liability is always dynamic, but 2017 was a particularly eventful year in the D&O liability arena. [read post]
17 Dec 2017, 3:28 pm
Or, alternatively, that a loan was made as a factual matter, since the "making" in the "when-made" component could either refer to executing a promissory as "maker" (action by the borrower) or "making" the loan by disbursing funds pursuant to a loan agreement (action by the lender, or by a disbursement agent, in the rent-a-charter scenario). [read post]
13 Dec 2017, 4:12 pm
In subsequent blogs posts, we discussed reports prepared by the House Financial Services Committee Majority Staff titled “Unsafe at Any Bureaucracy: CFPB Junk Science and Indirect Auto Lending” and “Unsafe at Any Bureaucracy, Part III: The CFPB’s Vitiated Legal Case Against Auto Lenders. [read post]
12 Dec 2017, 9:57 am
The original lender could avoid those state-imposed limits thanks to federal preemption of state usury laws by the NBA. [read post]
12 Dec 2017, 9:57 am
The original lender could avoid those state-imposed limits thanks to federal preemption of state usury laws by the NBA. [read post]
7 Dec 2017, 2:34 pm
Given the Republican opposition to the CFPB’s pursuit of this issue, and the Democratic support for auto dealers as well (expressed in letters from members of Congress to the CFPB), there seems to be a fair chance of a disapproval resolution passing. [read post]
30 Nov 2017, 12:43 pm
In Texas, a "trustee is vested with legal title and right of possession of the trust property but holds it for the benefit of the beneficiaries, who are vested with equitable title to the trust property. [read post]
30 Nov 2017, 12:43 pm
In Texas, a "trustee is vested with legal title and right of possession of the trust property but holds it for the benefit of the beneficiaries, who are vested with equitable title to the trust property. [read post]
5 Nov 2017, 6:02 am
A recent law review article titled “Madden V. [read post]
5 Nov 2017, 6:02 am
A recent law review article titled “Madden V. [read post]
1 Nov 2017, 11:16 am
Indeed, they are some of the most highly regulated credit products, covered by a state-by-state patchwork of requirements regarding licensing of nonbank lenders, permissible fees and interest rates, disclosures, and other matters; several states have even outlawed payday and title loans. [read post]
26 Oct 2017, 9:43 am
Rather, the Guidance expresses the regulators’ expectations regarding the sound risk management of leveraged lending activities. [read post]
6 Oct 2017, 11:39 pm
*** The loan-contract proof and chain-of-title issues are the subject of another post on the implementation of the CFPB consent order and proposed judgment. [read post]
5 Oct 2017, 9:30 pm
The final rule requires lenders to confirm that customers will be able to pay back their loans and fees within two weeks and forbids lenders from offering these loans “in quick succession. [read post]
6 Sep 2017, 7:39 am
Presently under RESPA, a lender may disclose a simultaneous issue discount by disclosing the full premium rate and by taking the full owner’s title insurance premium, adding the simultaneous issuance premium for the lender’s coverage, and then deducting the full premium for lender’s coverage. [read post]
13 Aug 2017, 6:00 am
Sponsors and lenders to such PPP projects should make sure they understand the potential benefits available to them under Title III to facili [read post]
