CreditSlips

ABA Reminder to Prosecutors: Owing Money Is Not A Crime

01/08/15

In November, the American Bar Association issued a formal opinion that it was unethical for prosecutors to allow debt collectors to use prosecutorial letterhead when no member of the prosecutor's staff reviews the file to determine if it is likely a crime has been committed. The most amazing thing about the opinion is that it had to be said at all.

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A Good Question

01/08/15

In today's Short View Column, Dan McCrum examines falling oil prices and the futures market, and then concludes:

But the point of this story is not that some think they know what will happen next. Rather, it is that the price of one of the most widely used and heavily traded commodities has been able to halve in a matter of months.

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Bankruptcy Attorney Advertising in the Digital Age

01/01/15

Yellow Pages--maybe not so much anymore. Websites, AdWords, and social media--yes, yes, and occasionally.

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Nostradamus-Style Predictions for Consumers in 2015

01/01/15

First some easy ones you all know:

1. The stock market will drop, perhaps precipitously, making now great time to rebalance retirement portfolios.

2. The price of gas will inch up and in the meantime, more states will add a little gas tax here and there to quietly fill empty coffers.

On Mortgage Lending:

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Safe Banking

12/31/14

Just in time for the new year, I've got a new article called Safe Banking up on SSRN. The article is a first principles reexamination of the industrial organization of financial services. It identifies the institutional combination of deposits and lending as the key problem in our financial system.

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Foreclosure News: Who Gets to Decide Whether a State is a Judicial Foreclosure State or a Non-Judicial Foreclosure State, Legislatures or the Mortgage Industry?

12/27/14

Apparently some mortgage lenders feel they can make this change unilaterally. Big changes are afoot in the process of granting a home mortgage, which could have a significant impact on a homeowner’s ability to fight foreclosure.

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Daaaaaaa-rryl...

12/22/14

We're talking softball, from Maine to San Diego...  

We're talking Homer,

Ozzie and the Straw...

281574-Strawberry

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Mortgage Servicer Privity with Borrowers

12/22/14

A lot of the mortgage servicing litigation over the past seven years has faltered on standing issues. Does the borrower have standing to sue the servicer? This has been a problem for RESPA and HAMP suits, where there are questions about whether there is a private right of action, as well as for plain old breach of contract actions.

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Catching up

12/19/14

I've been remiss in cross-posting my Dealb%k columns. Both of the most recent ones have commented on the ABI's chapter 11 reform proposal. You can find them here.

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