During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

News, Publications & Events

A copy of Erik Kemp's and Scott Hyman's article "The Consumer Financial Protection Bureau Regulates Pay-by-Phone “Convenience” Fees", CFSC Newsletter: ABA Business Law Section, (March 2018) can be found here:     https://www.americanbar.org/content/dam/aba/administrative/business_law/newsletters/CL230000/full-issue-201803.authcheckdam.pdf Read More

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

Compliance has been a top concern for mortgage professionals for the past several years. From implementation and technological difficulties to being left in a state of uncertainty—how can the industry keep focus on the core mission of serving the housing market and making the American Dream more accessible? Continue Reading: A Balancing Act with Compliance Regulation 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

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