Alerts

The United States Supreme Court and United States Congress have amended Federal Rule of Bankruptcy Procedure 9036 to require certain recipients of paper bankruptcy notices to switch to electronic noticing effective December 1, 2021.

The CFPB issued its final rule seeking to prevent avoidable foreclosures through the end of 2021 by assisting mortgage borrowers affected by the COVID-19 emergency.

The CDC and GSE's, under pressure from the House Financial Services Committee, have announced that they will extend the foreclosure and eviction moratorium one last time through July 31, 2021, to permit the CFPB to finalize and implement its pandemic recovery mortgage servicing rules.

Loan servicers are welcoming Ohio's enactment of Substitute H.B. 133, which among other things, cleans up some poorly drafted provisions of Ohio Revised Code 1349.72 enacted in 2019.

On May 13, 2021, the U.S. House of Representatives passed H.R. 2547 also known as the Comprehensive Debt Collection Improvement Act (CDCIA). If passed by the Senate, the CDCIA would amend several existing consumer finance statutes and impose new requirements and limitations on debt collectors.

Ohio's recently-enacted Senate Bill 13, which becomes effective June 14, 2021, impacts the statutes of limitation applicable to various matters, including mortgage foreclosures.

The Consumer Financial Protection Bureau (CFPB) has issued an Interim Final Rule (IFR), effective May 3, 2021, to address certain conduct associated with the eviction moratorium issued by the Center for Disease Control (CDC).

Lease terms are often subject to interpretation against the party drafting them. Given this, it is imperative that landlords are cautious in lease provisions to guard against defenses raised by tenants when obligations are not met.

President Biden signed the COVID-19 Bankruptcy Relief Extension Act into law on March 27, 2021, previously passed overwhelmingly by Congress. The Act extends provisions of the Coronavirus Economic Stabilization Act of 2020 (CARES Act) through March 27, 2022.

On April 1, 2021 the United States Supreme Court issued its opinion in the case Facebook, Inc. v. Noah Duguid, et al, which decided the issue whether equipment that can store and dial telephone numbers can be found to be automatic telephone dialing systems under the Telephone Consumer Protection Act.