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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On November 30, crypto exchange Binance announced it has introduced a pilot program enabling banks to store trading collateral off-exchange, a move aimed at reducing counterparty risk. On November 21, the CFPB announced that it approved an application that marks the first step for piloting disclosures for construction loans.

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Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

Consumer Financial Services Law

Resolution of the case involved interpretation and construction of three related statutory provisions in the Bankruptcy Code, specifically 11 U.S.C. §§ 541, 362, and 542, which govern property of the estate, the automatic stay, and turnover, respectively. General Motors Acceptance Corp. , 3d 699 (7th Cir. quoting Citizens Bank of Md.

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Establishing Standing in a Foreclosure Proceeding

Jimerson Firm

The servicer may submit evidence of an assignment from the payee to the plaintiff or an affidavit of ownership to prove its status as a holder of the note. The original assignor of a mortgage that has been collaterally assigned cannot bring a foreclosure action without the knowledge and consent of the assignee. Servedio v.

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SBA Loans: Insurance Requirements and Considerations

Jimerson Firm

When underwriting and servicing SBA loans, it is important for lenders and CDCs to ensure appropriate insurance coverages are in place to protect the collateral. As a condition for the loan, the SBA requires borrowers to maintain hazard insurance on all pledged collateral. 13 CFR § 120.160 ; SOP 50 10 5(K). Flood Insurance.

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