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Bradley promotes 16 attorneys

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All Rise
Friday, January 18, 2019

Sixteen Bradley Arant Boult Cummings LLP attorneys have been elevated to partner or counsel.

The new partners are:

Kristi Wilcox Arth, Marc Bussone, R. Aaron Chastain, Alexandra Dugan, Lee Gilley, Rudy Hill, Lauren B. Jacques, Amandeep S. Kahlon, Stephanie L. Kane, Zachary A. Madonia, Anna Manasco, Ellen Presley Proctor, Justin T. Scott and Fritz Spainhour. The new counsel are Ryan P. Robichaux and Lauren P. Schick.

“We are extremely proud of our talented attorneys who have earned promotions as we begin the new year,” said Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters. “Bradley’s new partners and counsel have demonstrated a high level of legal skill and acumen along with exceptional service to our clients in a broad range of practice areas.”

Details about each new partner, grouped by office, are as follows:

Birmingham

Chastain is a member of the Banking and Financial Services Practice Group. He represents financial services institutions, healthcare companies, and other businesses in a broad range of litigation and compliance-related matters. He received his J.D. from Vanderbilt University Law School and his bachelor of arts (summa cum laude) from Auburn University.

Gilley is a member of the Litigation Practice Group. He represents financial institutions, including banks, mortgage companies, and debt collectors, in litigation and regulatory matters related to compliance with ECOA, EFTA, FCRA, FDCPA, GLBA, HPA, RESPA, TILA, CFPB regulations, and numerous other state laws and regulations. He received his J.D. from the University of Virginia School of Law and his bachelor of arts (magna cum laude) from Vanderbilt University.

Hill is a member of the Litigation and Intellectual Property practice groups and also works from Bradley’s Montgomery, Ala. office. He handles matters at trial and appellate levels. He has first-chaired jury trials in federal and state courts and has briefed and presented oral arguments in state and federal appellate courts. He received his J.D. (summa cum laude) from the University of Alabama School of Law and his bachelor of science (summa cum laude) from Auburn University.

Kahlon is a member of the Construction Practice Group. He represents owners, general contractors, and subcontractors in construction and government contracts matters. His litigation experience covers a wide variety of disputes, including substantial experience in power and energy matters. He received his J.D. from Cornell Law School and his bachelor of arts from Washington University.

Madonia is a member of the Litigation Practice Group. His practice focuses on the representation of public and private companies, as well as their officers and directors, in all stages of complex litigation, including high-stakes class and mass actions. He received his J.D. from the University of Chicago Law School and his bachelor of arts (cum laude) from the University of Notre Dame.

Manasco is a member of the Appellate Practice Group. She has represented clients in the Alabama Supreme Court, the U.S. Supreme Court, various federal courts of appeal across the country, and arbitration. She received her J.D. from Yale Law School. She also holds a Ph.D. from Oxford University and a bachelor of arts (summa cum laude) from Emory University.

Proctor is a member of the Life Sciences Litigation Team. She focuses on representing healthcare industry clients in medical malpractice, pharmaceutical and medical device litigation in state and federal courts and in national MDLs. A significant portion of her practice is also dedicated to the representation of manufacturers in a variety of products liability litigation. She received her J.D. from Columbia University Law School and her bachelor of arts (summa cum laude) from Vanderbilt University.

Houston

Scott is a member of the Litigation Practice Group. He focuses on commercial litigation, specifically in the energy, construction and real estate fields. He also has represented clients in the energy and heavy equipment manufacturing sectors in personal injury matters. He received his J.D. from Baylor University Law School and his bachelor of arts (summa cum laude) from Abilene Christian University.

Nashville

Arth is a member of the Litigation and Intellectual Property practice groups. She handles a wide variety of litigation and intellectual property matters for individuals, small and large companies, tax-exempt organizations, and governmental entities. She received her J.D. (magna cum laude) from Moritz College of Law at The Ohio State University. She also holds a master of arts from The Ohio State University and a bachelor of arts (summa cum laude) from the University of Alabama.

Bussone is a member of the Employee Benefits and Executive Compensation Practice Group. He advises clients on a broad range of employee benefit and executive compensation matters. He received his J.D. (cum laude) from Georgia State University College of Law and his bachelor of arts from Emory University.

Dugan is a member of the Bankruptcy, Restructuring and Distressed Investing Practice Group. She represents financial services and mortgage company clients with compliance matters, including risk management and remediation, state investigations, regulations, and operational implementation of legal guidelines. She received her J.D. (with honors) from Emory University School of Law and her bachelor of arts (cum laude) from Vanderbilt University.

Jacques is a member of the Healthcare Practice Group and focuses her practice on assisting clients in the healthcare industry in a wide range of regulatory, operational and transactional matters. She received her J.D. from Vanderbilt University Law School and her bachelor of arts (cum laude) from Vanderbilt University.

Spainhour is a member of the Litigation Practice Group. He represents clients in a variety of industries, including many national and global life sciences and healthcare companies. He has extensive experience defending product liability cases. Government investigations and litigation also make up a substantial portion of his practice. He received his J.D. from the University of Virginia School of Law and his bachelor of arts (cum laude) from Wake Forest University.

Tampa

Kane is a member of the Banking and Financial Services and Real Estate practice groups. She focuses her practice on real estate acquisitions, dispositions, financing and leasing. She represents financial institutions, including banks and insurance companies, and corporate clients in a broad range of commercial real estate and commercial lending transactions. She received her J.D. (cum laude) from Stetson University College of Law and her bachelor of science from Indiana University.

Details about the attorneys newly elevated to counsel, grouped by office, are as follows:

Birmingham

Robichaux is a member of the Government Affairs Practice Group. He focuses in political advocacy and compliance, representing clients before the executive and legislative branches of government in Washington, D.C., Alabama, and other states. He represents businesses, trade associations, political action committees, nonprofits, government contractors, and other individuals and entities that are involved in the political process. He received his J.D. from the University of Alabama School of Law and his bachelor of arts from Catholic University of America.

Nashville

Schick is a member of the Real Estate Practice Group. She represents developers, landlords and tenants in a variety of commercial real estate and leasing-related matters. She also practices in the areas of estate planning and estate administration. She received her J.D. from the University of Denver Strum College of Law and her bachelor of arts from the University of Colorado Boulder.

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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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