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Home | Commentary

Are Mortgage Underwriters Exempt Employees?

Are Mortgage Underwriters Exempt Employees?

In order to qualify as an exempt employee under the Fair Labor Standards Act, an employer must show, among other factors, that the employee’s primary duty is “the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customer.”

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CFPB’s HMDA Data Changes Could Increase Litigation

CFPB’s HMDA Data Changes Could Increase Litigation

Seeking to "gain greater insight into issues about access to credit," the Consumer Financial Protection Bureau (CFPB) announced the launch of a rulemaking process to change reporting requirements under the Home Mortgage Disclosure Act (HMDA). The new reporting requirements could have unintended consequences for both mortgage servicers, and legal teams who assess discriminatory lending practices.

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Florida’s Statute of Limitations: All is Not Lost After Five Years

Florida’s Statute of Limitations:  All is Not Lost After Five Years

Florida courts have been very aggressive in moving the foreclosure cases pending on their dockets, especially the aged cases. The Courts’ tool of choice to obtain file movement is the Case Management Conference (CMC). At the court-ordered CMC, the Court will hear and decide all pending motions and, if the case is at issue, set the case for a trial to be held within a 45 to 60 day timeframe.

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Another Bite at the Automatic Stay?

Another Bite at the Automatic Stay?

Are debtors getting another attempt to extend or impose the Automatic Stay in cases where there is no Automatic Stay in effect? Pursuant to 11 U.S.C. §362(c)(3), the automatic stay shall terminate on the 30th day after the filing of the later case of a single or joint case of the debtor that was pending within the preceding one-year period but was dismissed other than a Chapter 7 dismissal under Section 707(b).

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Lenders: Beware of the ‘Forced’ Short-Sale in Bankruptcy

Lenders: Beware of the ‘Forced’ Short-Sale in Bankruptcy

Historically, Chapter 7 Trustees rarely seek authorization to sell over-encumbered real property of the estate free and clear of liens because such a sale is authorized only under very limited circumstances. Based upon the rarity of motions to sell over-encumbered property and the assumption that a Court would never grant such a motion, creditors have generally been complacent about monitoring bankruptcy cases for such motions.

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A More Efficient You: A Guide to Becoming a More Efficient Law Firm In 2014

A More Efficient You:  A Guide to Becoming a More Efficient Law Firm In 2014

As Webster's dictionary defines it, efficiency is the extent to which time, effort, or cost is well used for the intended task or purpose. Something we perhaps all strive for, but something of which we also can easily lose sight. We are deluged with the daily necessities of work: the email, phone calls, meetings, and other distractions that make our days fly by. So, when do we have a chance to pause and reflect on whether we are personally operating efficiently, or the time to review if our businesses are operating efficiently?

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