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Bill Proposed in Virginia to Permit Remote Work

On January 17, 2023, House Bill No 2389 was offered to re-enact sections 6.2-1600 (Definitions) and 6.2-1607 (Licenses; places of business; changes) of the Code of Virginia with proposed amendments that would permit employees...more

How the New York Department of Financial Services (DFS) Regulates Virtual Currency, a Close Look with Special Guest Kaitlin Asrow,... [Video]

After reviewing the licensing/chartering/approval structures that DFS uses for entities seeking to engage in virtual currency activities, we discuss the role of guidance in DFS’s regulation and oversight of virtual currency,...more

NYDFS releases guidance focusing on custody of customers’ virtual currency in the event of insolvency

On January 23, 2023, the New York Department of Financial Services released guidance with the stated goal of helping to protect customers of virtual currency businesses in the event of an insolvency or similar proceeding by...more

California DFPI releases modified proposed Student Loan Servicing Act regulations

On September 9, 2022, the California Department of Financial Protection and Innovation (DFPI) proposed to amend its student loan servicing regulations, which we previously covered  here.  After reviewing public comments, on...more

Washington Department of Financial Institutions Issues Regulations On Work From Home Effective December 31, 2022

The Washington Department of Financial Institutions has adopted regulations effective December 31, 2022 to implement amendments to the Consumer Loan Act permitting licensed companies to allow licensed mortgage loan...more

NYDFS Releases Virtual Currency Guidance for Banking Organizations

On December 15, 2022, the New York Department of Financial Services (“NYDFS”) published an Industry Letter detailing the Department’s guidance regarding banking organizations that wish to engage in virtual currency-related...more

FHA issues Mortgagee Letter modifying conflict of interest and dual employment policies

In Mortgagee Letter 2022-22 dated December 15, 2022, the FHA announced updates to its Single Family Housing Policy Handbook (HUD Handbook 4000.1) that modifies its policies governing conflicts of interest and dual employment....more

Washington Department of Financial Institutions issues regulations on work from home effective 12/31

The Washington Department of Financial Institutions has adopted regulations effective December 31, 2022 to implement amendments to the Consumer Loan Act permitting licensed companies to allow licensed mortgage loan...more

Trend to watch: New legislation may blur lines between student loan servicing and debt collection

The New York state legislature is currently considering a pair of companion bills which would impose detailed notice and records requirements upon student loan servicers. New York Senate bill S5136B, which was passed by the...more

New York Enacts Statewide Law Superseding Local Requirements for Registration of Mortgages in Default

New York Assembly Bill A3081, signed by Governor Kathy Hochul on November 21, effectively preempts any local law that would require mortgage lenders to register mortgages in default at any point prior to the filing of a...more

CFPB proposes creation of registration system for nonbanks subject to agency or court orders involving alleged violations of...

On December 12, 2022, the CFPB released a proposed rule that would require certain “covered nonbanks” to register with and submit information to the CFPB when they become subject to certain orders from local, state, or...more

The New York Department of Financial Services Requests Information Regarding Private Student Loan Refinancing

On December 22, 2021, New York State Senate Bill 2767A was signed into law. The Bill establishes the Private Student Loan Refinancing Task Force (the “Task Force”), which was charged with “study[ing] and analyz[ing] ways...more

11/28/2022  /  Borrowers , Lenders , NYDFS , Refinancing , Student Loans

State Work From Home Update (UPDATED)

On November 3, 2022, Pennsylvania enacted Act No. 142, effective immediately. The Act modifies the existing statutory provisions permitting remote work by revising the definition of “remote location” set forth in section in...more

State Work From Home Update

We previously reported that the Oregon Division of Financial Regulation (the Division) amended its administrative rules pertaining to branch licensure to authorize remote work for licensed loan originators and employees. The...more

Did You Know? State Work From Home Update

Following up on our previous articles reporting on recent state developments regarding work from home...more

Bill to extend the California Debt Collection Licensing Act’s grace period provisions sent to Governor for review

On August 31, 2022, the California Senate voted to approve House Assembly Bill 156, and sent the bill to Governor Newsom for consideration and potential signature.  If it becomes law, the bill would amend the existing...more

California DFPI issues proposed rules implementing Student Loan Servicing Act

On September 9, 2022, the California Department of Financial Protection & Innovation (the “DFPI”) released a Notice of Proposed Rulemaking Action that proposes to adopt regulations implementing the Student Loan Servicing Act...more

D.C. Department of Insurance, Securities and Banking issues bulletin on money transmission

On August 8, 2022, the District of Columbia Department of Insurance, Securities and Banking (the Department”) issued a Bulletin on money transmission (the “Bulletin”). The Department issued the Bulletin to ensure that...more

Connecticut Department of Banking Issues Advisory on Money Transmission

On July 20, 2022, the Connecticut Department of Banking (the “Department”) issued a Consumer and Industry Advisory on Money Transmission (the “Advisory”). The Department believes the Advisory was necessary for two reasons. ...more

Connecticut Department of Banking issues consumer and industry advisory on money transmission

On July 20, 2022, the Connecticut Department of Banking (the “Department”) issued a Consumer and Industry Advisory on Money Transmission (the “Advisory”). The Department believes the Advisory was necessary for two reasons. ...more

Illinois provides guides and templates for Know Before You Owe Private Education Loan Act reporting requirements

Private education lenders doing business in Illinois now have access to official informational guides and templates for meeting the November 1, 2022, reporting requirements under the state’s new Know Before You Owe Private...more

California DFPI issues draft text for second rulemaking under Debt Collection Licensing Act

As discussed in an earlier blog post, the California Department of Financial Protection and Innovation (“DFPI”) issued an Invitation for Comments on the Proposed Second Rulemaking under the Debt Collection Licensing Act...more

Oregon finalizes student loan servicer regulations with July 1 effective date

On June 27, the Oregon Department of Consumer and Business Services’ (“Department”) Division of Financial Regulation (“Division”) finalized new regulations implementing Senate Bill 485, which requires companies to obtain a...more

State Developments Regarding Work From Home (Non-Depository)

There continues to be a trend towards extending, and in some cases, codifying through regulation or statute, emergency COVID-19 guidance enabling work from home.  Most recently...more

Louisiana enacts new requirements for student loans

On June 18, 2022, Louisiana’s Governor signed into law two new bills that impose new requirements for student loans.  Both bills are effective on August 1, 2022....more

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