News, Publications & Events

On March 15, 2018, in Anaheim, California, a team of Severson lawyers offered their expertise in consumer reporting to members of the California Financial Services Association. The presentation, entitled “Best Practices and Avoiding Problems in Credit Reporting”, was presented by Andrew Elliott, Scott Hyman, Rebecca Saelao, Alisa Givental, Rochelle Smith, and An Le and included topics on current developments, best… Read More

Andrew W. Noble will present at the March 15, 2018, meeting of the California Bar Association’s Consumer Financial Services Committee on recent changes to California Homeowner Bill of Rights (HBOR). The HBOR statutes in effect since 2012 sunset on January 1, 2018, but were immediately replaced by a parallel set of statutes that, in some key ways, alter a mortgage… Read More

View the SW Winter 2018 Newsletter Since its founding over 70 years ago, Severson & Werson has gained a reputation for providing specialized advice, legal services and expertise to financial institution clients. The services we provide run the gamut, from litigation to regulatory matters, legislative affairs and formulating and implementing national strategies for such things as defending consumer class action… Read More

The Ninth Circuit recently determined, in Pinnacle Rest. at Big Sky, LLC v. CH SP Acquisitions, LLC (In re Spanish Peaks Holdings II, LLC), 862 F.3d 1148 (9th Cir. 2017), that a sale of real property free and clear of liens and interests under Section 363(f) of the United States Bankruptcy Code, 11 U.S.C. § 363(f) (“Section 363(f)”), can terminate… Read More

In what should end a long-simmering legal brushfire, the Ninth Circuit held that the Federal Housing Finance Agency’s (“FHFA”) so-called “Federal Foreclosure Bar” preempts Nevada’s homeowners' association lien super-priority statute, thereby protecting Fannie/Freddie mortgage liens from being extinguished through foreclosure of later-recorded homeowners association liens. Berezovsky v. Moniz, et al., 869 F.3d 923 (9th Cir. 2017). Berezovsky purchased a home… Read More

On July 5, 2017, the Ninth Circuit Court of Appeals dealt a blow to Provident Savings Bank, FSB (“Provident”) in a class action suit brought against Provident by mortgage underwriters who sued for overtime compensation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. The Ninth Circuit agreed with plaintiffs that they had been misclassified by… Read More

With the recently alleged data breach of Equifax, the data security of financial institutions’ customer information is once again in the news.  And once again, as with every data breach, a flurry of lawsuits has followed.  The purpose of this article is to highlight one area of legal exposure with data breaches that applies only to financial institutions. Section 6285… Read More

“Resistance” is now the battle cry of the self-anointed defenders of consumer rights.  But this is nothing new for the California Supreme Court, which for over 20 years has resisted the mandate in the Federal Arbitration Act (“FAA”) to enforce arbitration agreements despite their collateral effect on class actions.  Beginning with Southland Corp. v. Keating, 465 U.S. 1 (1984), and reaching… Read More

According to a May 2017 Public Service Announcement by the Federal Bureau of Investigation (“FBI”), cyber-initiated wire fraud is not just on the rise—it is exploding.  Data collected by the Internet Crime Complaint Center (“IC3”) reflects a 2,370% increase in reported fraud losses between January 2015 and December 2016.  Between October 2013 and December 2016 there were 22,292 reported cases… Read More

Joel L. Halverson will be presenting "Leveling the Playing Field - Contract Negotiation Strategies for Design Professionals" on Thursday, February 15, 2018. We are currently experiencing a “seller’s market” in which owners and developers are finding it to be a challenge to find good help. Construction professionals can take advantage of this economic climate to secure important contractual protections we… Read More

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