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Quarterly Report

Vol. 67, Nos. 1 – 2 (2013)

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In This Issue:

  • New CCFL Officers and Governing Committee Members
  • CFPB Finalizes Amendments to Mortgage Rules
    By Reid F. Herlihy
  • Preemption Analysis under the National Bank Act: Then and Now
    By Debra Lee Hovatter
  • A Tale of Two Lawsuits: CFPB Sues Morgan Drexen
    By Alan S. Kaplinsky and Barbara S. Mishkin
  • FTC Advisory Opinion Seeks to Breathe New Life into the Holder in Due Course Rule
    By John L. Ropiequet
  • Remittance Transfers under Dodd-Frank: the Final Rules and Their Far-Reaching Implications
    By Alvin C. Harrell
  • The Dodd-Frank Act and State Law: Bringing Pennsylvania's Banking Law into the Twenty-First Century
    By Michael E. Bleier, Leonard A. Bernstein and Lauren A. Abbott
  • Conceptual Difficulties with the “All In” Finance Charge and APR Proposal from the Consumer Financial Protection Bureau
    By Thomas A. Durkin
  • CFPB Adopts Mortgage Escrow Account Final Rule
    By Richard J. Andreano, Jr., Stanley D. Mabbitt, John D. Socknat and Michael S. Waldron
  • 2012 Maryland Legislation Affecting Financial Services Providers
    By Carla Stone Witzel and Marjorie A. Corwin
  • Spot Delivery in the North Carolina Automobile Industry—A Framework for Legal Analysis
    By Ralph T. Bryant, Jr.
  • Texas Supreme Court Rules “Discount Points” are Not Interest—Effective June 21, 2013 Discount Points are Subject to the Three Percent Fee Cap for Homestead Secured Home Equity Loans and Lines of Credit
    By Scott D. Samlin and Stephen F.J. Ornstein
  • CFPB Office of Women and Minority Inclusion to Propose Diversity Standards for Regulated Entities
    By Barbara S. Mishkin
  • Legislative and Regulatory Developments in Mortgage Loan Servicing, Foreclosure and Foreclosure Consultants
    By Marsha L. Williams, Melanie R. Finkelstein and Pamela L. Stockwell
  • Update on Mortgage Foreclosure Litigation: MERS, Standing to Sue and “Show Me the Note” as Defenses
    By Arthur B. Axelson, Heather C. Hutchings and Alvin C. Harrell
  • San Bernardino Eminent Domain Proposal
    By Walter Dellinger, Jonathan Hacker and Matthew Close
  • CFPB Coordination with Other Federal and State Agencies and Municipalites
    By John D. Socknat and Stefanie H. Jackman
  • Mortgage Lenders and Servicers Should Evaluate and Streamline Their Pre-Foreclosure Notice Procedures to Avoid Pitfalls
    By Marc A. Goldich
  • CFPB Issues Third Semi-Annual Report
    By Barbara S. Mishkin
  • The CFPB Addresses Civil Investigations, Enforcement, Debt Collection and Student Loan Servicing
    By Alan S. Kaplinsky and Christopher J. Willis
  • The CFPB and Privilege: The Fight isn't Over
    By Steven D. Burt and Daniel JT McKenna
  • CFPB Proposed Rule on RESPA/TILA Disclosures
    By Scott D. Samlin and Rinaldo Martinez
  • CFPB Expanded Consumer Complaint Database Raises Concerns
    By Alan S. Kaplinsky
  • CFPB Proposes More Information Collections
    By Barbara S. Mishkin
  • Temporary Exemptions Adopted for Mortgage Disclosures
    By Richard J. Andreano, Jr.
  • Amendments to Escrow Rules for Higher-Priced Mortgage Loans
    By Matthew S. Yoon and John P. Holahan
  • High-Cost Loan Final Rule Temporarily Averts FHA Loan Crisis
    By Richard J. Andreano, Jr., John D. Socknat and Michael S. Waldron
  • CFPB's ECOA Disparate Impact Test Finds Support in HUD's FHA “Discriminatory Effects” Final Rule
    By Barbara S. Mishkin
  • The CFPB Goes After Another Mortgage Modification Business
    By Barbara S. Mishkin
  • CFPB Announces Mortgage Rules Implementation Plan
    By Richard J. Andreano, Jr.
  • New License Requirement for Servicing Debt in Chicago: Chicago Regulated Business License
    By Matthew S. Yoon and John P. Holahan
  • Third Circuit TILA Rescission Decision Adopts CFPB Position
    By Martin C. Bryce, Jr.
  • One Year Extension of Mortgage Debt Forgiveness Relief Act
    By Matthew S. Yoon and John P. Holahan
  • Mortgagee Letter 2012-29—Financial Reporting Requirements for Small Depository Institution Lenders
    By Matthew S. Yoon and John P. Holahan
  • Federal Court Issues Second Decision Jeopardizing Historical Treatment of Pass-Through Mortgage-Backed Securities
    By Kent A. Yalowitz, Pamela Miller and Tanya E. Kalivas
  • CFPB Issues Bulletin to Specialty Consumer Reporting Agencies on Free Credit Reports and Sends Warnings
    By John L. Culhane, Jr.
  • Director Cordray Targets Payday and Student Lenders in Remarks to the Consumer Advisory Board
    By Alan S. Kaplinsky
  • CFPB Considering Role in Consumer Investment Arena
    By Barbara S. Mishkin
  • Military Lending Act Amendments Give the CFPB Enforcement Authority and Create Civil Liability for Violations
    By Alan S. Kaplinsky
  • Extension of Foreclosure Moratorium Period under the Servicemembers Civil Relief Act
    By Matthew S. Yoon and John P. Holahan
  • CFPB Ombudsman Report and the Role of Enforcement Attorneys in CFPB Examinations
    By Christopher J. Willis and Barbara S. Mishkin
  • Important Standing Case Before Eighth Circuit
    By Christopher J. Willis
  • American Express Co., et al. v. Italian Colors Restaurant, et al.: In a Five-to-Three Decision, the United States Supreme Court Upholds a Contractual Waiver of Class Arbitration under the Federal Arbitration Act
    By Holly Loiseau, David Singh and Luna Ngan
  • Supreme Court Holds That Proof of Materiality is Not a Prerequisite to Certification of Fraud-on-the-Market Securities Class Actions
    By Laurence A. Silverman, Ryan M. Philp and David R. Kolker
  • The CFPB Previews Its Coming Auto Finance Fair Lending Enforcement Actions
    By Christopher J. Willis
  • Auto Finance: Can We Really Call Disparate Impact “Discrimination”?
    By Christopher J. Willis
  • Commentary: The CFPB Stretches the ECOA Past the Breaking Point with Auto Finance
    By Christopher J. Willis
  • Bank Regulators Approve Final Rule to Implement Basel III Capital Requirements in the United States
    By Scott A. Anenberg, J. Paul Forrester, Kevin Hawken, Carol A. Hitselberger, Jason H.P. Kravitt and Donald S. Waack
  • Director Cordray Ratifies Pre-Confirmation CFPB Actions
    By Barbara S. Mishkin
  • CFPB Finalizes Additional Amendments to the Ability-to-Repay/Qualified Mortgage Rule and the GSEs Issue Industry Letters
    By Stephen F.J. Ornstein, Scott D. Samlin and R. Colgate Selden
  • Regulatory and Litigation Developments Relating to Mortgage Finance
    By Barbara S. Mishkin and Karen M. Morgan
  • Director Cordray Comments on Timing of Further Mortgage Rule Changes and Enforcement Approach
    By Richard J. Andreano, Jr.
  • Debt Collection and the FCRA: More Regulation and Enforcement on the Horizon
    By Alan S. Kaplinsky, John L. Culhane, Jr. and Daniel JT McKenna
  • CFPB Report Indicates Impending Regulation of Overdraft Practices
    By Barry A. Abbott

*Notice to Readers: The Quarterly Report is a research tool designed to help readers find and understand applicable laws, cases, and regulations. It also provides a forum for advocates of change. While the content of the Quarterly Report is believed to be accurate, the Conference cannot be responsible for errors. Readers are cautioned to consult primary authority before formulating or relying on a legal position. The views expressed in the Quarterly Report are solely those of the authors and do not necessarily represent the views of the Editor, the Conference on Consumer Finance Law, or the members of the Governing Committee. Opposing views are welcome and will be considered for publication.

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