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CFPB Issues Its Fall 2019 Rulemaking Agenda

A&B Abstract: On November 20, 2019, the Consumer Financial Protection Bureau (the “Bureau” or “CFPB”) published its Fall 2019 Rulemaking Agenda (the “Rulemaking Agenda”) as part of the Fall 2019 Unified Agenda of Federal...more

Federal Court Inspects Maryland’s Restrictions on Inspection Fees

A&B Abstract: Maryland’s inspection fee statute has been interpreted by the Maryland Court of Appeals and the Maryland Office of the Commissioner of Financial Regulation (“OCFR”) to apply both at the time of origination...more

Changes to the Department of Defense’s SCRA Website Database Could Impact Servicers

A&B ABstract: Servicers should be aware of changes being made to the Department of Defense’s (“DoD”) Servicemembers Civil Relief Act (“SCRA”) website in response to a complaint that the DoD failed to protect the privacy of...more

Slaying the Monster? Reduced Risk of False Claims Act Prosecution for FHA Lenders

A&B Abstract: In an effort to incent large depository institutions to return to FHA lending, the U.S. Department of Housing and Urban Development (“HUD”) and the U.S. Department of Justice (“DOJ”) entered into a Memorandum...more

Massachusetts Poised to Regulate Student Loan Servicers

A&B ABstract: Amid growing concerns of a student loan crisis, proposed Massachusetts H. 3977 is worth watching....more

Supreme Court to Decide CFPB’s Constitutionality

A&B ABstract: On October 18, 2019, the Supreme Court granted certiorari in Seila Law v. CFPB to decide the constitutionality of the Consumer Financial Protection Bureau’s leadership structure....more

South Carolina Revisiting Borrower Preference Requirements

A&B ABstract: The South Carolina Department of Consumer Affairs  (“Department”) announced that it is soliciting comments on proposed Regulation 28-75, which would provide mortgage lenders with additional guidance on the...more

Massachusetts Settlement Agreements Highlight AG’s Compliance Expectations

A&B Abstract: In a series of 2019 settlement agreements, the Massachusetts Attorney General has publicly provided insights into her compliance expectations for residential mortgage servicers. ...more

CSBS’s State Examination System Coming Soon

A&B ABstract - The Conference of State Bank Supervisors (CSBS) revolutionized state licensing with the National Mortgage Licensing System (NMLS) by providing a more uniform approach to state licensing of non-bank financial...more

A Closer Look at the CFPB’s Proposed Debt Collection Rules – Part Five: The Devil is in the Details, Purgatory is what is Left...

A&B Abstract This blog post is part five of a five-part series examining the Consumer Financial Protection Bureau’s (the “CFPB” or “Bureau”) proposed rule amending Regulation F (the “Proposed Rule”), which implements the Fair...more

Structured Finance Spectrum - July 2019

It’s hot out there and the market’s even hotter! Cool off with the latest issue of the Structured Finance Spectrum, our newsletter featuring what’s new and newsworthy in structured finance. ...more

Maryland Clarifies New Net Worth Requirements for Mortgage Servicers

A&B Abstract: Effective October 1, 2019, the Maryland Commissioner of Financial Regulation will impose new net worth requirements on licensees. ...more

Connecticut Officially Becomes an Attorney Closing State

A&B Abstract: Effective October 1, 2019 only Connecticut licensed attorneys can conduct real estate closings in the state for certain mortgage loan transactions....more

Appraisal Reform Act of 2019 Would Impact TRID

A&B Abstract: If enacted, the recently introduced Appraisal Reform Act of 2019 would amend RESPA to require the disclosure of the appraisal management fee separate from the appraisal fee on the loan estimate (LE) and closing...more

7/15/2019  /  Appraisal , Dodd-Frank , Mortgages , RESPA

Will the CFPB find its Voice on “Abusiveness”?

On June 25, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) kicked off its symposia series with a panel discussion of whether the Bureau should use its rulemaking authority to further define “abusive acts or...more

What Counts as an Attempt to Contact a Debtor via Telephone to Collect a Consumer Debt in Massachusetts?

Original creditors, third-party debt collection agencies, and buyers of delinquent consumer debt who hire third parties to collect consumer debt on their behalf, take note. According to the Supreme Judicial Court, the...more

Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our...more

Structured Finance Spectrum - July 2018

REGULATORY REPORT – FASB’s New Current Expected Credit Loss Model - Sharpen your pencils and put on your green eyeshades – the Financial Accounting Standards Board is making major changes to the credit loss accounting...more

Key Mortgage Servicing Takeaways from S. 2155

On May 24, 2018, the President signed the Economic Growth, Regulatory Relief, and Consumer Protection Act into law. A product of rare bipartisanship, the Regulatory Relief Act makes modest reforms to the Dodd–Frank Wall...more

Maryland Imposes New Obligations on Investors in Student Loan Debt

Maryland, suspicious of what it sees as moves to dismantle protections of student loan borrowers, is creating new hoops for passive, secondary market investors to jump through. Our Financial Services & Products Group reviews...more

Changes for Servicing Mortgages for Consumers in Bankruptcy: Are You Prepared for Compliance?

New rules from the Consumer Financial Protection Bureau eliminate mortgage servicers’ blanket exemption for sending statements to debtors in bankruptcy. Our Bankruptcy & Financial Restructuring and Financial Services &...more

What Can Be Expected in Structured Finance and Securitization for 2018?

A continuation of the market trends from last year can be expected in 2018. Structured finance and securitization markets had a period of relative calm in 2017 as new regulations were incorporated into transactions. While no...more

Appraisal Subcommittee Finalizes Rule for Appraisal Management Company National Registry Fees

The Appraisal Subcommittee of the Federal Financial Institutions Examination Council (ASC) issued its anticipated final rule providing for collection and transmission of the appraisal management company (AMC) annual national...more

CFPB’s Project Catalyst Offers Comfort for Startups—but with a Cost

Project Catalyst finally takes off, giving companies a chance to pursue innovative strategies and products in the financial services sphere. Our Financial Services & Products Group takes stock of the CFPB’s very first...more

Under the CFPB’s Watchful Eye: Phone Pay Fees

On July 31, the Consumer Financial Protection Bureau (CFPB) issued Compliance Bulletin 2017-01: Phone Pay Fees. The Bulletin addresses pay-by-phone services, defined to include (1) providing consumers with the option of...more

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