June 26, 2015

WAIT. WHAT? NC Business Court Throws A Wrench Into Settlement Discussions

Contracts are just agreements, typically in writing. Contracts keep the business world humming along like a well-oiled machine. Unless one party seeks help, courts don’t butt in. But, what about…

June 17, 2015

NC Creditors’ Rights Attorneys Unite!

The North Carolina Creditors Bar Association (“NCCBA”) is a specialty bar association that provides support to attorneys across the state who practice creditors’ rights…

June 12, 2015

The CFPB Payday Proposal: Cost Will Drive Players from the Market

Payment Collection Practices:

The CFPB proposal includes restrictions on collection practices for covered short-term and longer-term loans. As rationale for the restriction, the CFPB cites the “substantial risk of consumer…

June 10, 2015

Lender May Be Held Vicariously Liable for Servicer’s Violation of RESPA

A federal court has denied a lender’s motion to dismiss, holding that a lender may be held vicariously liable for its servicer’s violation of RESPA. Rouleau v. US Bank, NA,…

June 4, 2015

Not All “Assisted-Dialing Programs” Are Created Equal

According to a federal court in Illinois, not all assisted dialing programs violate the Telephone Consumer Protection Act (TCPA). In Modica v. Green Tree Servicing, LLC, the plaintiffs filed suit…

May 27, 2015

The CFPB Issues its 2015 Rulemaking Agenda

The CFPB recently published its Spring 2015 Rulemaking Agenda, and while the agenda provided few definitive dates, it did shed some light into the possible timing of several hot-button issues:

May 8, 2015

“I have a judgment…now what?”

Someone owes you money. They don’t pay. You take them to court. You win your case! You think, “Great! We’ve reached the end. Victory!” Unfortunately, it’s not that simple.

The fact…

February 19, 2015

Landmines: Useless Liens in Mortgage Lending

Lenders who make loans secured by residential mortgages often prefer to follow standardized business practices. Mortgage lending is a complex business. Today’s regulatory environment is not likely to make it…

June 3, 2008

The Rapson Rule and The End of “Sweetheart Sales”

As a frequent speaker on lender compliance law, I have never failed to startle an audience with the realization that they are exposed to claims of “commercial unreasonableness” and related…

August 1, 2006

North Carolina Identity Theft Protection Act – The Importance of Keeping Private Information Private

In recent years, the number of reports of identity theft has increased dramatically in North Carolina. Personal information, including a social security number, is regularly requested by businesses from their…

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