Home / Daily Dose / Court of Appeals Addresses Debt Collector License Requirements Data Provider Black Knight to Acquire Top of Mind 2 days ago Last year, the Maryland real estate industry was rocked by a trial court decision that found that the state’s debt collector statutes also applied to investors and statutory trusts that held mortgages. On Thursday, a Maryland Court of Appeals finally issued their decision, overruling the lower court and providing new guidance into the application of the Maryland Collection Agency Licensing Act (MCALA).The Maryland Court of Appeals issued a 64-page decision with two dissents in the consolidated cases of Blackstone v. Sharma, Shanahan v. Marvastian, O’Sullivan v. Altenburg, and Goldberg v. Neviaser. A statement from Legal League 100 member firm Stern & Eisenberg explained that the Court of Appeals’ decision “held that the legislative intent and history of the statute did not intend to force registration on foreign statutory trusts.”Prior to the lower court’s decision, servicers operating in Maryland were licensed, as it was clear that the law applied to them, but investors and trusts had not been.“By analogy, it was like saying, ‘You’re engaged in the unlawful practice of law because you filed a lawsuit,’ even though you used a lawyer,” said Kevin Hildebeidel, Regional Managing Attorney, Stern & Eisenberg.Moreover, there were questions as to whether they feasibly could acquire a license. While the online registration process only requires a $750 fee, it calls for information that might not actually exist for a foreign statutory trust, such as a direct physical address or residence.“The way mortgage origination works today, with loans bought and sold on the open market, means that having to have a debt collection license to foreclose would have been a large hindrance on the state’s mortgage industry,” said Diane Rosenberg, Managing Partner, Rosenberg & Associates, LLC.“The shock that went through the industry was, ‘My God, we’ve been doing this for ten years, and there’s at least a three-year statute of limitations in Maryland. Are we looking at three years of foreclosures statewide in Maryland possibly being challenged?’ That could be catastrophic.”While waiting for the Court of Appeals’ decision, “a lot of the industry ground to a halt in Maryland,” Hildebeidel said.Now, that wait is over. “The majority decision held that the legislative intent was never to apply to the mortgage industry or to the statutory trusts,” Hildebeidel told DS News. Instead, the legislation was specifically targeted at “about 40 debt collection agencies whose primary business was buying defaulted consumer debt and being compensated on a percentage of the recovery,” according to Stern & Eisenberg’s statement.The Court of Appeals decision reads, in part: “The legislative history persuades this Court that the General Assembly did not intend to regulate or license the mortgage industry actors, including foreign statutory trusts serving as a repository for mortgage loans, as collection agencies due to the specific exemptions and the limited scope of MCALA.”“It’s a big win for the lenders at this point,” Hildebeidel said.Nor is there any immediate appellate path for the decision.“The court found that the Debt Collection Licensing Act was not meant to apply to the mortgage industry,” said Mark Meyer, Partner, Rosenberg & Associates. “That reasoning would seem to me to apply to any other entity, whether it’s an LLC, a securitized trust, or any other kind of entity servicing, holding, or foreclosing a mortgage. There are certainly ways to argue that the court didn’t specifically rule on those other entities, but the argument against it is the underlying reasoning of the opinion that it doesn’t apply to the mortgage industry at all.”“Pending cases should now be reviewed to determine whether they should resume or be reinstated in compliance with the statute,” Stern & Eisenberg’s statement explains. “As a reminder, the statute still contains a number of exceptions to the licensing requirement which may include non-resident borrowers, debt which was not in default at the time of acquisition, property for which relief from stay was obtained in a bankruptcy proceeding, certain deceased borrowers, and vacant or abandoned properties. Such situations should be reviewed by a licensed Maryland attorney familiar with both real property and debt collection requirements before proceeding.” Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago About Author: David Wharton Previous: Fannie Mae Earnings Increase in Q2 Next: Freddie Mac On Track to Single Security August 2, 2018 4,284 Views Servicers Navigate the Post-Pandemic World 2 days ago in Daily Dose, Featured, Foreclosure, Government, Journal, News Share Save Court of Appeals Addresses Debt Collector License Requirements Related Articles David Wharton, Managing Editor at the Five Star Institute, is a graduate of the University of Texas at Arlington, where he received his B.A. in English and minored in Journalism. Wharton has over 16 years’ experience in journalism and previously worked at Thomson Reuters, a multinational mass media and information firm, as Associate Content Editor, focusing on producing media content related to tax and accounting principles and government rules and regulations for accounting professionals. Wharton has an extensive and diversified portfolio of freelance material, with published contributions in both online and print media publications. Wharton and his family currently reside in Arlington, Texas. He can be reached at [email protected] Data Provider Black Knight to Acquire Top of Mind 2 days ago Sign up for DS News Daily Tagged with: Debt Collection Licensing Maryland Collection Agency Licensing Act MCALA stern & Eisenberg Subscribe The Week Ahead: Nearing the Forbearance Exit 2 days ago Debt Collection Licensing Maryland Collection Agency Licensing Act MCALA stern & Eisenberg 2018-08-02 David Wharton Print This Post Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago
AudioHomepage BannerNews Facebook Facebook The former head of the HSE says hairdressers should be allowed reopen during Level 5.Tony O’Brien says they are among the businesses which have shown they can operated safely during the pandemic.322 new cases of Covid-19 were recorded yesterday, the lowest daily figure in more than five weeks.Mr O’Brien believes hairdressers should be allowed to resume trading:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/11/hairdressers7am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. RELATED ARTICLESMORE FROM AUTHOR By News Highland – November 4, 2020 Arranmore progress and potential flagged as population grows WhatsApp WhatsApp News, Sport and Obituaries on Monday May 24th Twitter Google+ Twitter Google+ Previous articleOver 700 more Donegal people on PUP payment this weekNext article‘Ministers should progress western rail network’ – Anderson News Highland Community Enhancement Programme open for applications ‘Hairdressers should be allowed reopen in Level 5’ Pinterest Pinterest Important message for people attending LUH’s INR clinic Loganair’s new Derry – Liverpool air service takes off from CODA Nine til Noon Show – Listen back to Monday’s Programme
John Lees reveals the ways in which we hamper own career prospects and howyou can turn things aroundAre you setting traps for yourself? You’ll be familiar with the ways external events and even your colleaguesseem to conspire against your career prospects. Organisations can do it too – Manzoni and Barsoux’s book, Set Up To Fail Syndrome,suggests that managers make early decisions about winners and losers, and keepplum tasks for the future stars in the organisation, and save the killerprojects for those they believe will fail. So before you try to rescue your career it’s worth checking out whether,consciously or otherwise, a manager is setting you up to fall on your face. However, most career traps are designed, set and operated by ourselves.Often the skill of managing your career is to work out how you can get whereyou want without getting in the way of your own success. This can best be described as reducing your career limiting actions (CLAs).This is not a matter of committing corporate hara-kari – for example, byparking in the MD’s space, or being sick on your manager at the office party.It’s also best to avoid copying any part of your anatomy on the officephotocopier. Finally, if you’re looking for first-level protection, always think twicebefore pressing ‘send’ on any e-mail involving humour, personal references or questionableattachments. Generally, you should only ever write in an e-mail what you wouldbe happy to write on a postcard left for everybody to see in the post tray. CLAs are self-inflicted damage CLAs are rather more subtle – the booby traps we lay for ourselves when weare actively trying to do the right things in the job. This is often aboutworking too hard on projects that don’t matter to the organisation, or aligningyourself with out-of-date systems or methods. Build on your awareness of the real needs of your organisation. Researchyour present employer as carefully as if it were a major new account that youwere trying to win. Try to focus all your working energy on the results thatwill really matter at the top. Working smarter, not harder Success is often not about what you do, but how far you are seen to be doingthe things that matter by key decision-makers in the organisation – people whowill influence your future. It’s worth remembering that those who make decisions about your career futureoften do so on the basis of very limited information – where you have made apresentation or led a highly visible team, for example – so think carefullyabout doing things that are important and noticeable. Managing how others see you is a critical step. This often means takingadvantage of special opportunities, unusual projects or new teams, and usuallymeans that you need to be flexible about what you will take on. Sticking toyour job description is the surest CLA of all. Learn how much or how little to put in writing. Each organisation has itsown internal rules on using memos and e-mails to confirm or record decisions.Learn what is acceptable and necessary, and always do it with a light touchrather than sounding prim. If you can’t get the tone right in an e-mail, pickup the phone. Other career limiting actions are typically about the way you manage yourline manager. Don’t always double-check every detail to be 100 per centfire-proof. Go to your manager with solutions rather than problems. And make sure you avoid doing things that really irritate your boss. Perhapsthey have a clean desk policy, while you believe that a tidy desk is a sign ofa sick mind. Avoiding career limiting actions is ultimately all about learning how yourorganisation reads you and your contribution – and beginning to manage thatperception. John Lees is a career coach and is also the author of the publicationsJob interviews: top answers to tough questions, How to get a Job You’ll loveand How to get the Perfect Promotion Comments are closed. Career limiting actions (CLAs) – and how to avoid themOn 13 Apr 2004 in Personnel Today Previous Article Next Article Related posts:No related photos.
The TurkStream gas pipeline is made up of two strings of 930km-long offshore pipelines, which transport up to 31.5 billion cubic meters of gas annually from Russian gas reserves Opening ceremony of the TurkStream gas pipeline. (Credit: RIA Novosti/Gazprom) Russia and Turkey have officially launched the TurkStream gas pipeline, a two-string export natural gas pipeline laid between the two countries through the Black Sea.The opening ceremony of the pipeline project was attended by Russian President Vladimir Putin, Turkish President Recep Tayyip Erdogan, and other dignitaries.The export gas pipeline project, which has been developed by Gazprom and Botaş Petroleum Pipeline, connects the gas transmission systems of Russia and Turkey.TurkStream gas pipeline detailsThe pipeline project is made up of two strings of 930km-long pipelines. Each of the strings is capable of transporting up to 15.75 billion cubic meters of gas annually from Russian gas reserves.TurkStream’s first string will transport gas to Turkey, while the second string will deliver the Russian gas to southern and southeastern Europe via Turkish territory.According to Gazprom, the pipelaying of the TurkStream gas pipeline took 15 months and was wrapped up in November 2018 using the Pioneering Spirit vessel owned by Allseas Group. The company’s subsidiary South Stream Transport was responsible for constructing the offshore portion of the gas pipeline project.Construction of the receiving terminal near the Turkish town of Kiyikoy was wrapped up in late 2019.At the Kiyikoy receiving terminal, one of the two underground onshore pipelines of the pipeline project connects to the Turkish gas network at Luleburgaz. The other onshore pipeline ends at the Turkish-European border.The starting point for sending gas into the TurkStream gas pipeline is the Russkaya compressor station built near the Russian town Anapa, which is located on the northern coast of the Black Sea.The 224MW Russkaya compressor station, which is part of Russia’s Unified Gas Supply System, maintains the pressure needed for transmitting gas along the two strings of TurkStream until it reaches the Kiyikoy receiving terminal.The TurkStream gas pipeline is the third pipeline that supplies gas from Russia to Turkey with the other two being the Blue Stream and Trans-Balkan gas pipelines.Gazprom management committee chairman Alexey Miller said: “The launch of TurkStream is a history-making event. Firstly, taking into account exports via Blue Stream, we have paved the way for direct transit-free supplies to fully meet Turkey’s needs for Gazprom’s gas. Secondly, Europe now has a new and reliable route to receive Russian pipeline gas.”
An inquiry into the controversial Oxford University graduate blocks at Port Meadow has found that both the consultation procedures and the University’s initial application were inadequate.Although clearing Oxford County Council of previous suspicions of malpractice, the review held both the University and the Council accountable for a series of errors in the application, planning and consultation process.The £21.5m Castle Mill development at Port Meadow has been widely criticised since its conception in 2012. According to the Save Port Meadow Campaign, “The buildings vandalise the views of the Dreaming Spires and ruin the tranquil experience of Port Meadow”. Author and Oxford resident Phillip Pullman has denounced the structures as, “destructive, brutal, ugly vandalism”.The independent inquiry, carried out by Vincent Goodstadt, a former President of the Royal Town Planning Institute (RTPI), looked into the planning process which led to the development. It concluded that, although not deliberate, “the consultative processes on the [development] were not adequate for a combination of reasons and did not meet best practice.According to the review, one of the primary problems was that: “Some of those most affected were not involved or even aware of the application or processes”. Factors contributing to this included the failure of the University’s consultants to “invite those whom the applicant thought had been invited”, and to put the site notices “in places that were high profile for those who later were to raise objections”.The University was also criticised for its initial application, which Mr Goodstadt said “contained errors and was not adequate in various ways”.A University spokesperson commented, “We will look carefully at the recommendations in this report”.Save Port Meadow and CPRE Oxfordshire released a joint statement expressing their views on the conclusions of the report, “The report of the Review into the Castle Mill development is enormously disappointing, failing to address key issues and missing an important opportunity to improve planning in Oxford.“We stand by our view that there is significant evidence of breaches in statutory regulation and possible malpractice.”Nicky Moeran, a member of the Save Port Meadow group, commended the report. He said, “The heart of the document contains some very damning findings for both the city council and the university, which all tie in with what we have said repeatedly over the last 12 months.Matthew Sherrington, another member, told Cherwell, “The University did indeed make misleading statements in its application, but the Council failed to check them, failed to consult the community properly, failed to inform Councillors properly, failed to assess the visual impact of the development properly, and failed to act against the University when it breached planning conditions on two separate occasions. “Throughout, the University has shown complete arrogance and disregard for the community, refusing to engage at all, or respond to any correspondence. They have done immense damage to relations with the town and their own reputation in this matter.”One graduate student at the University noted, “The fact that they had to go so undercover to pass these plans through the consultation process shows how unpopular they knew they would be.“If the council unwittingly accepted them because they thought the buildings would not be as tall, the University need to pay up to rectify the situation.However, Engineer student Ben Spiro pointed out, “As ugly as the buildings are, it doesn’t really make that much difference pointing the finger now– there’s not much we can actually do since the buildings are already there.”
A new four-year deal has been agreed between the Varsity Match and the Rugby Football Union, meaning that the women’s and men’s fixtures between Oxford and Cambridge Universities will continue to be played at Twickenham until at least 2021.The new deal will run between 2018 and 2021 and so will oversee a series of key years for both clubs and the fixtures. The deal won’t just cover the anniversary match itself, but also the 30th anniversary of the Women’s Varsity Match, the 150th anniversary of Oxford University Rugby Football Club, the 150th anniversary of Cambridge University Rugby Union Football Club too.The Men’s Varsity Match has been played there since 1921, with Cambridge currently leading Oxford 63-59 overall (with 14 games drawn). The women’s match has been played since 1988 and hosted at the national stadium since 2015, with Oxford currently leading 19-12. The game is one of the world’s longest running sports fixtures between the two universities, and has become one of the biggest domestic rugby matches in the UK.Oxford Women’s Blues captain, Abby D’Cruz, said: “The Varsity Matches represents a great tradition in the historic rivalry between Oxford and Cambridge.“The news that we have secured their place at the home of English Rugby for the significant years to come, including the 150th anniversary of OURFC in 2019 and the 30th anniversary of the Women’s Varsity match this year, is incredibly exciting for everyone at the club and a great motivator to represent Oxford on one of the most hallowed turfs in world rugby.”Men’s captain, Dominic Waldouck, told Cherwell: “Some of my earliest rugby memories are watching The Varsity game. For me, Twickenham represents the home of Varsity, so it’s great to hear the contract has been extended.”In 2017, Cambridge won both games, with scores of 24-0 and 20-10 in the women’s and men’s games respectively. The men’s result meant the Light Blues secured back-to-back Varsity victories for the first time in a decade.
As tactical voting makes the news, many students are deciding whether to vote at university or at home. Oxford students are divided across two constituencies – Oxford East, and Oxford West and Abingdon. “I’m a firm believer in a cleaner, brighter future through investment in renewable energy, public transport and free education.” Where should you vote? “A Labour government means better pay, affordable housing and investment in public services. Each of the candidates will be given 4 minutes to make a state- ment, before taking questions. The event will be held on 26 th November at St Michael Church, on Cornmarket Street. Rosie Sourbut, former Oxford University Labour Club co-chair and current student, has announced she is running as the Labour candidate in Oxford West and Abingdon. The Conservative Party have now announced the second of their Oxford candidates, as Oxford East will be contested by former Amersham councillor Louise Staite. In a statement posted on Facebook, Ms Sourbut Said, “I’m really excited to announce that I’m standing to be your Labour MP for Oxford West and Abingdon. I can’t wait to fight for a Labourgovernmentandthechange we need in the wonderful area I’m proud to call home. In a statement announcing his candidacy on the Green Party, Oxford’s website, Mr. Williams said, “Having first been elected as a councillor in 2006, I’m known in East Oxford for my tireless campaigning on the NHS, the environment, and against austerity. Oxford East is held by Anneliese Dodds MP, Labour, by 23,284 votes, compared to this relatively comfortable majority, Layla Moran in Oxford West will have to defend a majority of only 816, just 1.4% of the electorate. Things are more complicated in Oxford West and Abingdon, which has traditionally been much less predictable. “It means a Green New Deal, a referendum with the option to Remain, and equal pay for women by 2030. It means halving foodbank use in a year, ending the need for foodbanks in three, and stopping the Tories from pursuing their damaging Brexit and eroding workers’ rights.” “As my track record shows – in 2016 I opposed the massive cuts that Tory, Labour and Lib Dems voted through the County Council and I have also opposed the disastrous Oxford to Cambridge Expressway from the start. Ms Staite released a statement on Facebook announcing her candidacy, saying, “I am delighted to have been given the opportunity to represent the people of Oxford. I love this city, having studied here at Oxford Brookes, and am thrilled to be here campaigning to be your next MP. Throughout the 2000s, the Liberal Democrats largely retained the seat. In general, if the Conservatives win a majority in the Commons, they win Oxford West. The one exception to this rule came in 2010, when Conservative Nicola Blackwood won the seat by a mere 176 votes, representing a majority of 0.3%. He also ran for the Green Party leadership in 2016. Cherwell hosts hustings Meanwhile, the Green Party have also announced their candidate in Oxford East this week, as councilor and UCU delegate David Williams gets the nod. Cherwell are hosting election hustings with many of the candidates, including the Liberal Democrat MP for Oxford West and Abingdon, Layla Moran, the Labour MP for Ox- ford East and Shadow Minister for the Treasury, Anneliese Dodds, the Conservative candidate for Oxford West and Abingdon, James Fredrickson and the Green candidate for Oxford East, David Williams. More candidates announced Williams’ announcement comes a week after the Green Party announced they would not be running in Oxford West and Abingdon as part of the ‘Unite to Remain’ agreement between various pro-Remain parties across the country. It has generally bounced between the Liberal Democrats and the Conservatives. Moran’s win in 2017 ended 7 years of Conservative control of the seat. “I know that residents want good schools, investment in the NHS, more police on the streets and a strong economy and only Boris Johnson and the Conservative Party can deliver that.” For further context, Oxford East is a historically Labour seat, last held by another party in 1983 when it was narrowly won by the Conservative Party. Given that, see above for a list of the colleges in Oxford East, and Oxford West and Abingdon predictable. It has generally bounced between the Liberal Democrats and the Conservatives. Moran’s win in 2017 ended 7 years of Conservative control. Williams has been a councilor for over 30 years, and has led the Green Party in the Oxford City Council and the Oxfordshire County Council.
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A funeral mass was offered Feb. 12 at St. Brendan’s R.C.C., Clifton, for Joseph M. Balcer, 85, of North Bergen. He passed away Feb. 7. He was born in Jersey City to the late Joseph and Julia Balcer. Joe was a boiler operator and worked for Maxwell House Coffee before retiring in 1991. Joseph was a veteran of the US Army and served his country during the Korean War. He also was a member of the American Legion. Joseph was the husband of Charlotte, father of Joseph, Joanne, Lisa, and the late Jimmy and Michael; brother of Frankie, Henry and the late Walter and Theresa, and is also survived by four grandchildren, Jessica, Joseph, Alex, Christopher and five great-grandchildren, Gerard, Luke, Owen, Michael and the late Gina.Services arranged by the Leber Funeral Home, Union City.