Marx David Sterbcow

marx@yourrealestatelawyer.com
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Toll Free: 877-854-2182
Local: 504-523-4930
Fax: 888-241-6248

1734 Prytania St
New Orleans, Louisiana 70130

The RESPA Resource Law Center is owned and operated by Marx David Sterbcow, one of the country’s leading RESPA attorneys and Managing Attorney of the New Orleans based law firm Sterbcow Law Group, LLC, a full service real estate and RESPA law firm that focuses its practice on areas of real estate law impacting large local, national, and international real estate development projects, mortgage fraud, RESPA, Truth In Lending Act (TILA), federal and state mortgage lending and consumer credit compliance issues, real estate brokerage programs, affiliated business arrangements, marketing and promotional programs, licensing, commercial financing, and transactional matters. Marx has handled over 400 commercial and residential real estate transactions. He also represents clients in connection with predatory lending, RESPA, TILA, and other administrative enforcement actions.

Mr. Sterbcow is the only attorney in the State of Louisiana to have earned an L.L.M. in Real Estate law from the highly acclaimed John Marshall Law School’s Center for Real Estate Law in Chicago. He is one of fewer than 150 attorneys in the United States to have earned a Master’s Degree in Real Estate Law. Mr. Sterbcow was recently named as one of the top ten people to watch in Louisiana by Southern Woman Magazine and Greater New Orleans Living Magazine and is widely quoted by both local, national and international newspapers and magazines on national real estate industry issues.

New Orleans City Business named Mr. Sterbcow one of the Top Fifty attorneys in Louisiana in 2007. He was also named as one of the “Top 40 Under 40” in the United States Real Estate Industry by October Research Corporatåion’s The Title Report, The Legal Description, Real Estate Technology Insight, RESPA News, Valuation Review, Broker Newswire, and Real Law Central.

In addition, Marx is a frequent speaker on RESPA and was selected by October Research Corporation to be one of six regular contributing attorneys nationwide on the RESPA News’ Question and Answer attorney panel. He was most recently named as an Advisory Board Member by October Research Corporation for The Legal Description and RESPA News publications. He is also on the Board of Directors for the Real Estate Settlement Providers Organization (RESPRO) and serves on RESPRO’s Policy Committee. He was selected as the Legal Expert for the 2007-2008 National Real Estate Licensee & Broker Exams by the Association of Real Estate License Law Officials (ARELLO) to help write and evaluate all test questions for real estate licensees. He has also conducted educational seminars for ARELLO officials from across the country.

Education

L.L.M. (Masters Degree of Law), John Marshall Law School’s Center for Real Estate Law, 2002
Lambda Alpha—Honorary Real Estate Economics Society (Kravotil Chapter)

J.D. (Juris Doctorate), Gonzaga University School of Law, 2001
Barbara Helen Perry Scholarship
Phi Delta Phi International Legal Fraternity
Semi-finals: Gonzaga Negotiations Competition & James Gillespie Trial Advocacy Competition

B.A. (Bachelor of Arts), Tulane University, 1995
Sigma Alpha Epsilon

Jurisdictions Admitted to Practice Louisiana, 2003
United States District Court for the Eastern District of Louisiana
Professional & Bar Association Memberships

New Orleans Bar Association
Committee on Real Property Law

Louisiana State Bar Association
Trust, Estates, Probate and Immovable Law Section

American Bar Association
Real Property, Probate and Trust Law Section:
Planning Board 2005; Section on Hospitality,
Community Recreation and Common Interest Developments.
Committees on Timesharing and Interval Use Law;
Brokers and Brokerage; Hotels,
Resorts and Tourism; Purchase and Sale in 2005; and International Investment in Real Estate in 2004.
Group on Hospitality, Community Recreation and Common Interest Developments;
Committee on Timesharing and Interval Use Law; and International Investment in Real Estate.
Group on Special Investors and Investment Structures.
Section of Litigation: Real Estate and Probate and Leader in Litigation Award.
General Practice, Solo and Small Firm Section: Real Estate Group.
Young Lawyers Section: Real Property, Probate and Trust Law.

Federal Bar Association (FBA)

Real Estate Settlement Procedures Organization (RESPRO)
Board of Directors

Urban Land Institute (ULI)

International Association of Attorneys and Executives in Corporate Real Estate (AECRE)

The Realty Alliance

The Title Alliance

Young Leadership Council (YLC)

Strathmore's Who's Who for 2005

American Real Estate and Urban Economics Association (AREUEA)

Lambda Alpha--Honorary Real Estate Economics Society (Kravotil Chapter)

Louisiana Land Title Association (LLTA)

American Trial Lawyers Association (ATLA)

Louisiana Mortgage Lenders Association (LMLA)

National Association of Mortgage Brokers (NAMB)

American Real Estate Society
Fellow

Professional
Louisiana licensed title insurance agent for LandAmerica’s Commonwealth Title Insurance.
Licensed Louisiana Notary. 
Articles

Eli Financial: Mortgage Lending Compliance "RESPA SAYS YOU MUST DISCLOSE YIELD SPREAD PREMIUMS" Pg. 37-38 Vol. 7, No. 5 RESPA News Monthly: "RESPA Enforcement: Words to the wise" Oct. 18, 2007 by Lori Lesko

RESPA NEWS.COM: "Auditing for RESPA Compliance: Digging for the truth" Oct. 1, 2007 by Robin Wardzala

RESPA News Monthly: "Rebate debate: RESPA's guidelines for disclosure" July 11, 2007 by Robin Wardzala

RESPA News Monthly: "Louisiana enacts new dual agency restrictions" August 28, 2007 by Robin Wardzala

RESPA News Monthly: "RESPA and title insurance: Consequences of GAO report could be split" May 1, 2007 by Robin Wardzala

RESPA News Monthly: "Fiduciary duty: Coldwell Banker Burnet case sets stage for new debate" March 20, 2007 by Amy Swinderman

RESPA News Monthly: "Second Circuit breaks new ground in RESPA ruling over unearned fees" August 9, 2007 by Robin Wardzala

RESPA News Monthly: "RESPA Reform: The lost crusade" December 6, 2006 by Amy Swinderman

RESPA News Monthly: "Industry fears Baker resignation will hurt Financial Services Committee" January 24, 2008

RESPA News Monthly: "Q&A: How does RESPA handle charitable donations?" December 6, 2007

RESPA News Monthly: "Homebuilders claim RESPA is on their side in 'required use' controversy" June 28, 2007 by Robin Wardzala

REPA News Monthly: "Breaking News: HUD General Counsel Keith Gottfried resigns" November 6, 2006

RESPA News.com: "Answers from the RESPA experts: Can an agent accept a referral fee from a builder?"

RESPA News.com: "Answers from the RESPA experts: How should a bank disclose the fee it is giving another bank from referring mortgage customers?"

RESPA News.com: "Answers from the RESPA experts: Must a real estate agent disclose a commission rebate on the HUD-1?"

RESPA News.com: "Answers from the RESPA experts: Can a loan officer cover the costs of a Realtor's call capture sign?"

RESPA News Monthly: "Builder inducement, AfBA programs cause controversy" February 13, 2007 by Robin Wardzala

RESPA News Monthly: "For Realtors working as loan officers, what are the RESPA rules?" October 31, 2006

RESPA News.com: "Answers from the RESPA experts: Are attorneys who provide free legal services in exchange for settlement files violating RESPA?"

RESPA News.com: "Answers from the RESPA experts: Does a home warranty company offering compensation to realtors on renewal polices violate RESPA?"

RESPA News.com: "Answers from the RESPA experts: Can a mortgage co. sell shares to someone licensed in real estate, and then distribute dividends to those shareholders?"

RESPA News.com: "Answers from the RESPA experts: Can a mortgage company contribute money or door prizes to a Realtor's customer appreciation party?"

RESPA News.com: "Answers from the RESPA experts: Can a mortgage company screen and pre-qualify buyers for FSBOs in exchange for leads?"

RESPA News.com: "Answers from the RESPA experts: For Realtors working as loan officers, what are the RESPA rules?"

RESPA News.com: "Answers from the RESPA experts: Is it legal for a title company to sponsor an open house for a real estate agent?"

RESPA News.com: "Answers from the RESPA experts: Can a builder stipulate that if a buyer wants an incentive upgrade package, then they must use a specific title company?"

The Title Report: "Builders say rebates to direct title work legal" June 29, 2007

The Title Report: "Countrywide loses 'big enchilada' mortgage contract in Louisiana" September 9, 2006 by Lori Lesko

The Legal Description: "Nine months after Hurricane Katrina, New Orleans still searching for lost court documents, property records" June 5, 2006 by Lori Lesko

The Legal Description: "RESPA 101: Compliance and enforcement trends" October 29, 2007 by Lori Lesko

The Legal Description: "New AfBA threat emerges in Minneapolis class action suit; Plaintiff's bar forgoes RESPA claim with fiduciary duty argument" March 26, 2007 by Amy Swinderman

The Legal Description: "Minn. Fiduciary duty case: Groundbreaking litigation or 'plaintiffs' bar gone wild?" March 30, 2007 by Amy Swinderman

The Legal Description: "Title Industry scrutiny may boil over this year" January 9, 2007 by Amy Swinderman

The Legal Desciption: "Ground breaking RESPA decision widens Circuit Court divide" August 10, 2007 by Robin Wardzala

The Legal Description: "A tale of many miseries: 2006 in review" December 15, 2006 by Amy Swinderman

The Legal Description: "Will Fla. bills spark national remedy for mortgage fraud plague?" January 15, 2007

The Legal Description: "HUD's general counsel announces sudden resignation" November 17, 2006 by Robin Wardzala

The Legal Description: "Gavel falls on industry recruiting practices in '06" December 26, 2006

The Legal Description: "HUD's Gottfried resigns with RESPA reform still on the table" November 20, 2006 by Robin Wardzala

Real Law Central: "Sales contract conundrum: Can Sellers block subprime buyers?"

Real Law Central: "Meth-impacted homes, Pt. II: Legal guidelines for agents"

Real Law Central: "Rebating commissions: The disclosure debate"

New Orleans Times Picayune: "Storm ruins legal documents" by Greg Thomas September 2, 2005

Baton Rouge Business Report: "Buyers beware" December 17, 2007 by Anna Thibodeaux

Baton Rouge Business Report: "The truth about lending" January 15, 2008 by Anna Thibodeaux

Southern Arizona Mortgage Lenders Association: "Builder Inducement, AfBA Programs Cause Controversy" March 2007, Volume 1, Issue 1.

Real Estate Technology News: "The real estate data, technology reamifications of Katrina" by Jeremy Yohe

New Orleans City Business: "Orleans Parish Property records a mess" by Deon Roberts

New Orleans City Business: "Water-logged N.O. real estate records restored; not scanned" by Deon Roberts

New Orleans City Business: "Wet records dampen deals" by Deon Roberts

New Orleans City Business: "Damaged N.O. property records fully restored" by Deon Roberts

PikeNet: "Divergent Hurricane Strategies: First Keep the Deposit" by Peter Pike

Mortgage Law Central "Can a mortgage co. sell shares to someone licensed in real estate, and then distribute dividends to those shareholders?"

L.A. Times: "KATRINA'S AFTERMATH; New Orleans Starts Out on the Road to Recovery; Business owners trickle in to see how their shops and offices have fared, making plans to reopen." By Thomas Mulligan and David Streitfeld on September 14, 2005.

Seminars

National Association of Realtors (NAR): National Podcast: "RESPA Enforcement"

LandAmerica’s Commonwealth Title Insurance Guaranty on Basic RESPA;

Association of Real Estate License Law Officials (ARELLO) on RESPA Trends;

Livingston Parish Board of Realtors on Basic RESPA;

October Research Corporation on Basic RESPA Audio Seminar Series;

October Research Corporation on Complex RESPA Legal Issues on Audio Seminar Series;

And numerous other seminars for private companies and associations.