New requirements, interpretations and issues have been raised in 2015 as to federal mortgage servicing requirements. These are all covered in the updated online version of Chapter 3 of NCLC’s Foreclosures and Mortgage Servicing (5th ed. 2014). Click on highlight updates to see the new changes added since the print edition: Section 3.2.2: this new section addresses the question of whether RESPA...

The Talent-Nelson Military Lending Act (MLA), 10 U.S.C. § 987, enacted in 2006, imposes a 36% interest rate cap, bans mandatory arbitration, and imposes other restrictions on “consumer credit” extended to service members and their dependents. The MLA thus applies to more than 5 million Americans. The MLA though applies only to an individual who, at the time he or she becomes obligated on a...

On May 28, 2015, the FTC announced new changes to its rules under the Magnuson-Moss Warranty Act that, effective July 20, 2015, will significantly aid private consumer warranty litigation. The details and impact of the new rules are reflected in revised versions of Chapters 2 and 13 of NCLC’s Consumer Warranty Law, now available on-line. Chapter 2 is also fully updated with all the latest Magnuson...

The Supreme Court on June 1 has just held in Bank of America, N. A. v. Caulkett that a wholly underwater mortgage cannot be stripped off and voided using Bankruptcy Code § 506(d) in a chapter 7 bankruptcy case. The decision should have little impact on consumer bankruptcy cases, since most courts (except those in the Eleventh Circuit) had previously held that mortgage strip off in chapter 7 was...

The Public Justice Foundation is a 501(c)(3) non-profit charitable educational and membership organization dedicated to using attorneys’ skills and resources to advance the public good. It supports the cutting-edge legal work of Public Justice, P.C., a national public interest law firm that uses high impact litigation to pursue justice for victims of corporate and government abuse, and to keep the...