News & Analysis as of

Servicing Policies

Ballard Spahr LLP

CFPB Issues Proposal To Supervise Student Loan Servicers

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The Consumer Financial Protection Bureau has issued a proposal to supervise nonbank servicers of private and federal student loans who qualify as “larger participants” in the student loan servicing market. Comments on the...more

Sheppard Mullin Richter & Hampton LLP

California Court Holds That Borrowers May Enjoin A Foreclosure If A Lender Fails To Meet Servicing Guidelines

In Pfeiffer v. Countrywide Home Loans, --- Cal.Rptr.3d ----, 2012 WL 6216039 (Dec. 13, 2012), mortgage borrowers filed a damages claim against a trustee for violating the federal Fair Debt Collection Practices Act (“FDCPA”)...more

Dechert LLP

U.S. Consumer Financial Protection Bureau Issues Rules on Mortgage Servicing; Creates New Rights for Borrowers, Raising Issues...

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On January 17, 2013, the Consumer Financial Protection Bureau (“Bureau”) took another major step in the restructuring of the U.S. residential mortgage sector by issuing final rules (collectively, the “Rule”) regarding...more

Orrick - Finance 20/20

CFPB Final Rule on Mortgage Servicing Standards

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On January 18, the CFPB released final rules, effective January 10, 2014, which set forth national mortgage loan servicing standards....more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Capital Markets

2012 was a robust year for both the U.S. leveraged loan and high-yield markets, including record-breaking deal volume for the latter. These conditions provided fertile ground for borrowers and issuers in U.S. markets to fund...more

Ballard Spahr LLP

CFPB Issues Final Mortgage Servicing Rules

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The CFPB today issued its final rules implementing provisions of the Dodd-Frank Act that relate to mortgage servicing, which will take effect on January 10, 2014....more

Morrison & Foerster LLP

Dodd-Frank Implementation: Navigating the Road Ahead

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Table of Contents: Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency...more

Dechert LLP

Treasury Reports Improvements in Residential Mortgage Servicing

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The U.S. Department of Treasury (Treasury) recently issued a report that reviewed the implementation of Treasury guidelines for streamlining distressed homeowners’ communications with mortgage lenders. The Treasury...more

Ballard Spahr LLP

Withdrawal of portions of CFPB mortgage servicing proposal suggested by consumer advocates

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In their letter commenting on the CFPB’s mortgage servicing proposal, Americans for Financial Reform and numerous other consumer advocacy groups, including Consumers Union, have asked the CFPB to consider withdrawing and...more

Morrison & Foerster LLP

CFPB Proposes National Mortgage Servicing Rules

On August 10, 2012, the U.S. Bureau of Consumer Financial Protection (the “CFPB”) released two proposed rules (the “Proposed Rules”) intended to implement the mortgage servicing provisions of the Dodd-Frank Wall Street Reform...more

Orrick - Finance 20/20

CFPB Proposed Mortgage Servicing Guidelines

Orrick - Finance 20/20 on

On August 10, the CFPB announced two notices of proposed rulemaking regarding mortgage servicing. ...more

Ballard Spahr LLP

CFPB tries new method to get input on mortgage servicing proposals

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We recently wrote about the criticism leveled at the CFPB by industry for limiting the ability of small business representatives to provide input in connection with the CFPB’s implementation of the small business or “SBREFA”...more

Dechert LLP

U.S. Consumer Financial Protection Bureau Proposes Mortgage Servicing Reforms

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The mortgage finance system in the United States is under radical reconstruction as a result of the events of 2007-2009. The Dodd-Frank Act (Dodd-Frank) impacts mortgage origination, servicing and securitization through a...more

Ballard Spahr LLP

CFPB releases mortgage servicing proposals

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The CFPB has released its proposed mortgage servicing rules. The proposals consist of a 250-page Real Estate Settlement Procedures Act (Regulation X) rule and a 178-page Truth in Lending Act (Regulation Z) rule. Comments on...more

Orrick, Herrington & Sutcliffe LLP

Agency Guidance on Mortgage Servicing for Servicemembers

On June 21, the Fed, CFPB, FDIC, NCUA, and OCC issued guidance to mortgage servicers to address risks related to military homeowners who have informed the servicer that they have received military Permanent Change of Station...more

Ballard Spahr LLP

CFPB wants comments on plans for testing mortgage servicing disclosures and collecting compliance cost information

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Two recent notices published by the CFPB in the Federal Register shed some light on the CFPB’s plans for testing the mortgage servicing disclosures it’s developing and for collecting information about the potential compliance...more

Snell & Wilmer

Consumer Financial Protection Bureau Considering the Proposal of New Mortgage Servicing Rules

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The Consumer Financial Protection Bureau (CFPB) has announced that it is considering proposing new mortgage servicing rules. The potential new rules are intended to provide additional protections to consumers. According to...more

King & Spalding

CFPB Proposes New Rules for Mortgage Servicing Industry

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On April 10, 2012, the Consumer Financial Protection Bureau (CFPB) outlined new rules it is proposing to adopt to increase accountability and transparency in the mortgage servicing industry. Pursuant to its authority under...more

Orrick, Herrington & Sutcliffe LLP

Action Plans for Residential Mortgage Servicing and Foreclosure Deficiencies

On February 27, the Fed released action plans from Bank of America, Citigroup, EverBank, JPMorgan Chase, MetLife, PNC, SunTrust, US Bancorp, and Wells Fargo to correct deficiencies in residential mortgage loan servicing and...more

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