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Showing 2 posts from June 2021.

Cybersecurity Compliance Emphasized at MBA's Legal Issues and Regulatory Compliance Conference

In a Privacy & Cyber Bytes Alert, we review takeaways from the recently concluded Mortgage Bankers Association's Conference on Legal Issues and Regulatory Compliance. Lenders and servicers with consumer-facing platforms that collect personal information need to initiate cybersecurity compliance efforts immediately.

Read the full alert which includes our list of best practices.

New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay Exception

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the mortgagee asserted it possessed the subject note before commencing the foreclosure and had complied with service of the statutory predicate notices pursuant to RPAPL 1304, it failed to introduce the actual business records evidencing these facts. The ruling is instructive for mortgagees and their servicers about the evidence they must provide in support of a prima facie case to foreclose. More ›