Federal Court Revives Nearly Forgotten Strategy for Defending Against Class Actions

Companies facing potential class-action liability often have limited means of defeating class certification. Last month, a federal appellate court approved a class defense that other jurisdictions typically reject. The ruling, if adopted by other courts, could protect many businesses from class threats. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Federal Judges Spar Over Mortgage-Satisfaction Lawsuit

boxingglovesLast year, the U.S. Supreme Court answered an important constitutional question: Can Congress authorize a lawsuit in which the plaintiff suffered no financial injury? The court’s disappointing answer (“it depends”) has perplexed courts across the nation. That confusion has spread to an area of vital interest to the real estate industry, the timely recording of satisfactions of mortgages. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Zillow Fesses Up About RESPA Investigation

What was once rumor has now been confirmed: The Consumer Financial Protection Bureau is targeting tech giant Zillow.com for possible violations of the Real Estate Settlement Procedures Act. Expect an epic battle. In a May 4, 2017, filing with federal regulators, the parent company of Zillow.com, Zillow Group, Inc., divulged that the CFPB is considering taking legal action against the company for its online co-marketing program, which has quickly come to dominate the industry. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

CFPB Forced to Divulge Internal Enforcement Guidelines

shoulderWhat sports team would decline the chance to peek at their opponent’s playbook? Very few, I imagine. Yet anyone being investigated by the Consumer Financial Protection Bureau now has that opportunity—by studying the bureau’s policies and procedures manual, recently made public through a Freedom of Information Act request. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

CFPB Forced to Divulge Internal Enforcement Guidelines

shoulderWhat sports team would decline the chance to peek at their opponent’s playbook? Very few, I imagine. Yet anyone being investigated by the Consumer Financial Protection Bureau now has that opportunity—by studying the bureau’s policies and procedures manual, recently made public through a Freedom of Information Act request. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

MBA Urges Reform for Freddie Mac and Fannie Mae

Since 2008, the two government-sponsored enterprises charged with cultivating the secondary mortgage market have been under public conservatorship. The Mortgage Bankers Association has proposed an ambitious plan for transitioning those entities to a long-term structure that would retain—as a last resort—the option of a taxpayer bailout. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus