- Posts by Rachel Blackmon Cash
PartnerRachel Cash is a partner in the firm's Financial Services Litigation Practice Group. Her practice focuses primarily on defending banks and mortgage companies against alleged violations of consumer protection laws in state and ...
In Empire Bank v. Dumond, No. 13-CV-0388-CVE-PJC, 2013 WL 6238605 (N.D. Okla. Dec. 3, 2013), the U.S. District Court for the Northern District of Oklahoma recently held that the Dodd-Frank amendment to the statute of limitation for Equal Credit Opportunity Act ("ECOA") claims does not apply retroactively. While the court held that the statute of limitation barred spousal guarantors' ECOA counterclaim, the counterclaim was allowed to proceed because it was asserted under a recoupment theory. Empire Bank obtained guaranties from various individuals, entities, and spousal ...
The California Court of Appeal for the Second District, Division 4, concluded in Akopyan v. Wells Fargo Home Mortgage, Inc., 155Cal.Rptr.3d245 (Cal.App. 4th2013) that the Dodd-Frank amendments to the National Bank Act ("NBA") and the Home Owners Loan Act ("HOLA") are prospective, and do not apply retroactively to prior agreements. Thus, applying the authoritative pre-Dodd-Frank preemption provisions of NBA and HOLA, the court held that the plaintiffs' respective contract claims against two national banks were preempted by federal law. In two separately filed, but ...
In Schneider v. Bank of Am. N.A., No. 2:11-CV-2953-LKK-EFB PS, 2013 WL 1281902 ( E.D. Cal. Mar. 26, 2013), the Eastern District of California dismissed a Plaintiff's claims under the Real Estate Settlement and Procedures Act ("RESPA"), holding that the 10-day QWR response deadline provided in the amended version of RESPA does not apply to QWRs submitted prior to the amendment's effective date. Plaintiff Christopher Schneider ("Plaintiff") sought a temporary restraining order enjoining Defendants Bank of America, N.A., BAC Home Loans Servicing, LP, and Quality Loan Service ...