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Monday, June 4th, 2018

The Financial Crimes Enforcement Network (FinCEN) recently assessed a significant civil penalty against a nationwide bank pursuant to the Bank Secrecy Act (BSA) and related regulations.  FinCEN has the authority to assess civil money penalties on banks and financial institutions…

Friday, December 1st, 2017

The CFPB was established on July 21, 2010, under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).[i]  The CFPB was established as an independent bureau within the Federal Reserve System and is an Executive agency.[ii]  Dodd-Frank authorizes…

Monday, October 30th, 2017

A recent decision by the Alabama Supreme Court requires a mortgage servicer’s strict compliance with the acceleration remedies notice provisions contained within a security instrument.   Absent strict compliance, a foreclosure sale is potentially subject to being declared void, even if…

Friday, July 14th, 2017

As a positive for many lenders, SCOTUS recently issued an opinion explaining that the FDCPA applies to third-party collection agents working for a debt owner – not a lender who originally lent the money or some other entity who later…

Friday, July 14th, 2017

In his first opinion on the U.S. Supreme Court, Justice Neil Gorsuch addressed the question concerning who qualifies as a “debt collector” and, therefore, is subject to the FDCPA’s rigors. In framing that question, Justice Gorsuch wrote that everyone agrees the…