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Avoiding Pitfalls During Post-Pandemic Government Investigations

April 15, 2021 By Consumer Finance Team

As the country begins to emerge from the COVID-19 pandemic and the U.S. economy gets back on track, banks nationwide should expect their activities to come under government scrutiny. The impacts of the coronavirus have touched every corner of the banking industry as institutions have striven to meet the evolving needs of their customers, continue […]

Filed Under: Banking Regulatory Agencies, CARES Act Tagged With: #confidentialsupervisoryinformation, #SAR, #SEC

Consolidated Appropriations Act Includes Temporary Provisions That May Affect Servicers

March 18, 2021 By Brian Johnson

Among the myriad provisions of H.R. 133, the Consolidated Appropriations Act, 2021, is Division FF, Title X, Section 1001, of which mortgage holders and servicers should take note because it may affect activities with respect to borrowers in bankruptcy.  These temporary provisions expire December 27, 2021. First, Section 1001 provides that a debtor under a […]

Filed Under: CARES Act, COVID-19, Mortgage Loans, Mortgage Servicing Tagged With: #bankruptcy, #HR133

Texas Court Strikes Down Federal Eviction Moratorium

March 1, 2021 By Jason Levine

A&B ABstract: On February 25, 2021, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas entered a declaratory judgment that the nationwide eviction moratorium ordered by the U.S. Centers for Disease Control and Prevention (“CDC”) in response to the COVID-19 pandemic is invalid under Article I of the U.S. […]

Filed Under: CARES Act, Circuit Court Decisions Tagged With: #CDC, Covid-19, Eviction

Federal Court Dismisses Lawsuit Challenging Minnesota Eviction Moratorium

January 11, 2021 By Jason Levine

  A&B ABstract: A federal district court dismissed a lawsuit filed by two landlords who sought to invalidate the Governor of Minnesota’s moratorium on evicting residential tenants for failure to pay rent during the pandemic.  The Eviction Moratorium In an Executive Order dated March 23, 2020, Minnesota Governor Timothy Walz suspended landlords’ ability to file […]

Filed Under: CARES Act, State Law Tagged With: #eviction #moratorium

Maryland Issues Executive Order Restricting Foreclosure Actions and Prohibiting Evictions During COVID-19 Emergency

October 23, 2020 By Nanci Weissgold and Ross Speier

A&B ABstract: Maryland’s Governor has issued an Executive Order providing that until the COVID-19 state of emergency is terminated: (1) foreclosure sales will only be valid if the servicer had notified the borrower of their rights to request a forbearance, and (2) residential and commercial evictions are prohibited if the tenant can show they suffered […]

Filed Under: CARES Act, Mortgage Loans, Mortgage Servicing, State Law Tagged With: CARES Act, Covid-19, Forbearance, Foreclosure, Mortgage Servicing

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