Bradley Arant Boult Cummings LLP

Part III: Modifications Post-Discharge Welcome to Part III of our series on the servicing of discharged mortgage debt. This part will discuss modifying a borrower’s loan after a discharge. (If you missed Part I or Part II, go ahead and catch up.) Servicers and borrowers struggle with lack of clarity regarding the nature of the relationship between borrower and servicer when the borrower discharges personal liability in bankruptcy. In an ideal world, the borrower would…
Chairing a meeting is harder than it looks. And at times parliamentary procedure doesn’t make that job any easier. Keeping track of what motion is on the floor and who to recognize next is tough. Taking a vote the proper way might seem like a luxury. Well, as a professional, I’m here to tell you it’s not. Following a pattern and using consistent language to take a vote can do wonders to move your…
On March 12, 2019, the Consumer Financial Protection Bureau (CFPB) issued the Winter 2019 edition of its Supervisory Highlights report, detailing key examination findings that were discovered during the second half of 2018. The report covers a number of product lines, including automobile loan servicing, deposits and remittances, but spends the most time discussing issues uncovered during mortgage servicing examinations. This demonstrates both that the bureau remains focused on the mortgage servicing industry and that…
The Consumer Financial Protection Bureau (CFPB) previously indicated in its Fall 2018 Rulemaking Agenda that it intends to issue a Notice of Proposed Rulemaking (NPRM) in the Spring of 2019 regarding debt-collection practices and the Fair Debt Collection Practices Act (FDCPA). The regulatory agenda also suggests that the proposed rule may be released as soon as March 2019. We have previously written about the topics and issues the CFPB may address through this particular rulemaking.…
The mission of the U.S. Department of Housing and Urban Development (HUD) is, in part, to bolster the economy by strengthening the housing market, protecting consumers, and working to meet the needs for quality affordable rental homes. To further this mission, the Federal Housing Administration (FHA) launched a pilot program in 2012 to streamline mortgage insurance applications for Section 223(f) Program projects with equity from the sale of Low-Income Housing Tax Credits (LIHTC). The Section…
Almost one year ago, we wrote  about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting FACTA class claims. As we explained, because often the only “harm” from alleged FACTA violations is a theoretical increase in the risk of a potential future injury, such as identity theft, FACTA plaintiffs have difficulty meeting Article III’s injury-in-fact…
In light of some recent allegations of harassment of court employees in certain circuits, it may come as no surprise that the federal Judicial Conference recently strengthened their rules prohibiting misconduct and obligating employees to report any misconduct behind the bench. The conference amended the Code of Conduct and Judicial Conduct and Disability Act rules to make clear that misconduct includes: Sexual harassment or assault. Creating a hostile work environment for judicial employees. The broad category…
Environmental liability can pose a significant danger to any business, with enforcement penalties and clean-up costs reaching into the hundreds of thousands, if not millions, of dollars, but family-owned businesses may be especially at risk if they are not well-equipped to comply with environmental regulations and assess potential environmental risks. There are a few steps family-owned businesses can take to help avoid costly environmental liability: 1. Always perform a Phase 1 Environmental Site Assessment before…
Recently there have been a string of announcements from large tech companies about a shift in focus from open platforms to more privacy-focused communications systems. This represents a sea change for the industry, which has historically been depicted as data hungry and privacy starved. The change highlights just how far public opinion has evolved in the United States in recent years. The move of large tech companies to more privacy-centric platforms coincides with a broader…
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants began to assert lack of standing as a defense in data breach class actions in federal court. Data breach cases are particularly good candidates for Article III standing arguments, because data breach plaintiffs often allege a risk of future injury,…