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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…

A Review of Maryland Recordation and Transfer Taxes Exemptions

Despite Maryland’s almost complete elimination in recent years of the Indemnity Deed of Trust exemption, which developers and lenders had relied on for decades as a means of avoiding payment of Maryland recordation taxes, planning opportunities are still available for those seeking to reduce the amount of recordation and/or transfer taxes that might otherwise be…

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Who Gets the Kickback From "Bad Boy" Carve Outs in Loan Documents?

As the uncertainty resulting from the Cherryland and Gratiot cases, holding that non-recourse carve outs in real estate mortgage loans are enforceable against borrower and guarantors, continues, it is important for borrowers and guarantors and lender to incorporate the intent of the parties with respect to non-recourse carve outs in the loan documents. A recourse…

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