Firm News 2006

• September
  • Jeremiah Buckley, Joseph Kolar and Andrea Lee Negroni spoke at the Mortgage Bankers Association's Regulatory Compliance Conference, which was held September 6-8, 2006 in Washington DC. Jeremiah Buckley spoke about recent developments related to risk-based pricing notices and firm offers under the Fair Credit Reporting Act (FCRA). A copy of his presentation is available here. Mr. Buckley also spoke about regulatory requirements under the Fair and Accurate Credit Transactions Act (FACTA). Joseph Kolar spoke about recent federal enforcement actions (excluding the Real Estate Settlement Procedures Act). His presentation can be viewed here. A more detailed summary of the material is also available. Andrea Lee Negroni spoke about recent changes in licensing laws and other state laws that affect the residential mortgage industry. An overview of Ms. Negroni's remarks is available here. In addition, state-by-state mortgage banker licensing information is provided in this chart.
• August
  • Andrea Lee Negroni spoke on the Federal and State Update Panel at the 17th Annual Meeting of the American Association of Residential Mortgage Regulators (AARMR), held August 20-23, 2006 in Philadelphia, PA. Ms. Negroni discussed several judicial decisions that have significant implications for the mortgage banking industry. An overview of the material is available here.
• July
  • On July 27, 2006 Buckley Kolar filed an amicus brief in the Louisiana Supreme Court in Levine v. First National Bank of Commerce on behalf of the American Financial Services Association, America’s Community Bankers, the Consumer Bankers Association, the Consumer Mortgage Coalition, the Housing Policy Council of the Financial Services Roundtable, and the Mortgage Bankers Association.  The brief urges the Louisiana Supreme Court to reverse the Court of Appeal’s decision that a due-on sale clause is not triggered by the borrower’s execution of a bond for deed with a third party. A copy of the brief is available here.
  • On July 27, 2006 Margo Tank sat on a panel entitled “The Increasing Reality of E-Signatures," broadcast via e-Radio.   The panel discussed business and legal matters regarding the use of e-signatures.  To purchase a transcript or CD of the panel, please visit http://www.octoberresearch.com/seminars/orderform.cfm.
• June
  • On June 17, 2006 Robert Serino spoke at the American Association of Bank Directors and the Pennsylvania Association of Community Bankers' Annual Spring Conference regarding “Essential BSA Training for Outside Directors.”  He addressed a range of topics in Bank Secrecy Act related compliance. A copy of his presentation is available here.
• May
  • On May 22 - 24, 2006, Andrea Lee Negroni of Buckley Kolar and Ines Montes of Wells Fargo co-chaired a conference entitled Delivering Financial Services to Underserved and Ethnic Markets. The conference was sponsored by the American Conference Institute to help financial service providers gain insight into traditionally underserved market segments.
  • On May 3, 2006, Buckley Kolar filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in Whitfield v. Radian Guaranty Co. on behalf of the Mortgage Insurance Companies of America, the Mortgage Bankers Association, and the Consumer Mortgage Coalition.  The brief urges the Third Circuit to find that mortgage insurance is an integral part of the mortgage credit transaction and, as such, is subject to the Fair Credit Reporting Act’s adverse action notice requirements applicable to credit transactions, rather than the requirements applicable to consumer insurance products.  A copy of the brief is available here.
• April
  • On April 27, 2006, Buckley Kolar filed an amicus brief in the U.S. Court of Appeals for the First Circuit in McKenna v. First Horizon Home Loan Corp. on behalf of the American Bankers Association, the American Financial Services Association, America’s Community Bankers, the Consumer Bankers Association, the Consumer Mortgage Coalition, the Housing Policy Council of the Financial Services Roundtable, and the Mortgage Bankers Association.  The brief urges the First Circuit to reverse the district court’s order certifying a class of borrowers where plaintiffs seek a declaratory judgment that the borrowers’ loans are rescindable under the Truth in Lending Act (and its Massachusetts analog).  A copy of the brief is available here.
  • On April 20, 2006, Jeff Naimon spoke on Inside Mortgage Finance's Predatory Lending Audio Conference. His presentation can be found here.
  • Jacob Thiessen authored the chapter on Banking and Financial Services in the Developments in Administrative Law and Regulatory Practice, published in April of 2006 by the ABA Section of Administrative Law and Regulatory Practice.
  • On April 6, 2006, Joe Kolar and Joe Lynyak co-chaired a HMDA Forum at the ABA Spring Meeting in Tampa, Florida.  For a copy of Joe Kolar's presentation on the history and evolution of HMDA, see  "The Home Mortgage Disclosure Act: History, Limitations and Risks."
• February
  • On February 22, 2006, Jeff Naimon spoke at the Mortgage Banker’s Association’s Residential Loan Production Conference in San Diego, CA.  For a copy of his presentation, see: “The Lending Process & The Law: Avoiding the Pitfalls.”
  • On February 11, 2006, Kirk Jensen was a speaker at the 5th Annual Consumer Law and Consumer Credit Symposium at the UNC Chapel Hill School of Law on the topic of "Consumer Arbitration:  For Better or For Worse." A copy of his powerpoint presentation can be found here, along with supporting materials.