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Third Circuit Upholds Lender’s Right to Early Redemption Premium In Bankruptcy

On November 17, 2016, the United States Court of Appeals for the Third Circuit issued its opinion in In re: Energy Future Holdings Corp.  The Third Circuit reversed a ruling by the United States Bankruptcy Court for the District of Delaware that had been affirmed on appeal by the District Court that lenders were not…

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Federal Appeals Court Declares the Structure of the Consumer Financial Protection Bureau Unconstitutional

The United States Court of Appeals for the District of Columbia overturned an administrative order requiring a mortgage company (PHH) to pay $109 million, and in the process declared that the structure of the Consumer Financial Protection Bureau (CFPB) is unconstitutional. [1] The administrative action against mortgage lender PHH arose out of an arrangement known…

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Supreme Court Declines to Provide Clear Direction to Debt Buyers

On June 27, 2016, the United States Supreme Court denied a petition asking it to consider an appeal of the decision of the United States Court of Appeals for the Second Circuit in Madden v. Midland Funding, LLC. In Madden, the Second Circuit held that a consumer borrower might have a valid claim against a debt…

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The Fourth Circuit Interprets Late Fee Provisions in Maryland’s CLEC Statute

Maryland’s Credit Grantor Closed End Credit Provisions (known as CLEC)[1] continue to confound the courts and credit providers and be the statute of choice for individual and class action plaintiffs’ lawyers. This opt-in statute for closed-end credit grantors was considered to be favorable to lenders when it was passed in the 1980’s. However, its popularity…

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What's the deal with due diligence reviews?

RMG attorneys offer due diligence review services for bulk loan purchase transactions and provides an unsurpassed combination of experience and flexibility. Our due diligence reviews are done by seasoned commercial attorneys who will provide the full scope of loan file review, or a more limited review dictated by the client and circumstances. Here are some…

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Don’t Overreach If You Want Your Arbitration Clause To Be Enforceable

As the cost of resolving disputes in court has escalated, businesses have increasingly included clauses in their contracts requiring that any disputes be resolved by binding arbitration instead. Congress has enacted the Federal Arbitration Act (“FAA”) to foster and bring order to this practice and courts have consistently recognized that the FAA evidences a strong…

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Release Me! Trial Court Upholds Validity of Bargained-for Release

In a recent case brought against a Maryland Bank, RMG argued, and the Circuit Court of Baltimore County held, that a voluntary waiver in a standard loan modification agreement was enforceable, and cut off lender liability claims alleged by the borrower (including fraud). In its decision, the Court explicitly distinguished between the waiver at issue…

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Federal Rules of Bankruptcy Procedure Amendments Take Effect

On December 1, 2015, amendments to the Federal Rules of Bankruptcy Procedure and official forms took effect. The amendments primarily affect debtors filing for relief under the Bankruptcy Code. However, changes to the Proof of Claim form and the addition of a form that must be filed when a claim is based on a debt…

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The Equal Credit Opportunity Act and Same Sex Marriage

Bankers and others lenders are required to comply with the Equal Credit Opportunity Act (“ECOA”), codified at 15 U.S.C. § 1691, et seq., which generally makes it unlawful for any creditor to discriminate against any credit applicant on the basis of race, religion, national origin, sex, marital status, or age. This can present challenges when…

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