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Tag Archives: Mortgage

EVENT: Mortgage Bankers Association’s Legal Issues and Regulatory Compliance Conference 2017

Posted in Events, Mortgage, Regulatory Developments

InterContinental Miami 100 Chopin Plaza Miami, FL 33131 Join Morrison & Foerster at MBA’s Legal Issues & Regulatory Compliance Conference. Partner Don Lampe will be speaking on the following panels: RESPA and PHH Tuesday, May 9, 2017 1:00 p.m. – 2:15 p.m. RESPA Section 8 in a New World Tuesday, May 9, 2017 4:00 p.m…. Read More

Financial Services Report – Winter 2016

Posted in Arbitration, Auto Lending, CFPB, Credit Cards, Disparate Impact, Electronic Payments, Enforcement Actions, Fair Lending, Foreclosure, Military Issues, Mobile Payments, Mortgage, Payday Lending, Preemption, Privacy, Regulatory Developments, State Regulators, UDAAP

Hope you survived all of those awkward Thanksgiving holiday conversations—amazing how divided people are on whether the court got it right in the PHH case, isn’t it? So on we go into the holiday season, while visions of Dodd-Frank repeal dance in our heads. No long winter’s nap for the CFPB, not with the inauguration… Read More

Ten Questions and Nine Answers about PHH and the Future of the CFPB Director

Posted in CFPB, Mortgage

The potentially explosive combination of the D.C. Circuit’s October decision in PHH v. CFPB and the outcome of the presidential election has spurred a host of questions about how the PHH litigation may proceed and about the future of the CFPB under the leadership of CFPB Director Richard Cordray.  After providing some background, this alert… Read More

Whither the CFPB? In Uncertain Times, Rep. Hensarling’s Vision May See New Life

Posted in Regulatory Developments

Given the outcome of the presidential election, the focus is now on President-Elect Trump’s campaign promises to scale back the Dodd-Frank Act and pursue deregulation of financial services. As of now, little is known about specific actions the new administration will pursue after inauguration. There is, however, a template for reform, namely, the Financial Creating… Read More

CFPB Hit by Major Setback in D.C. Circuit

Posted in CFPB, Mortgage

In a decision eagerly awaited by the financial services industry, the D.C. Circuit this week handed the CFPB a major defeat, throwing out a mortgage lender’s $109 million disgorgement remedy on constitutional, statutory, and administrative-law grounds. See PHH Corp. v. CFPB. This may not be the last chapter in the story, however, as it is… Read More

D.C. Circuit Rules CFPB Unconstitutional, and Wrong on RESPA

Posted in CFPB, Mortgage

The D.C. Circuit held today that the single-director structure of the CFPB violates Article II of the United States Constitution, and added important substantive rulings on the Real Estate Settlement Procedures Act (RESPA). The issue presented in PHH Corp. v. Consumer Financial Protection Bureau, Case No. 15-1177 (Oct. 11, 2016), was “Whether, under Article II… Read More

HUD Releases New Guidance on Limited English Proficiency Discrimination Under the Fair Housing Act

Posted in Disparate Impact, Fair Lending, Mortgage

On September 15, 2016, the U.S. Department of Housing and Urban Development issued guidance on how the nondiscrimination provisions in the Fair Housing Act apply to persons who consider an individual’s “Limited English Proficiency,” or limited ability to speak, read, write, or understand English, in housing transactions. The “Office of General Counsel Guidance on Fair Housing… Read More

EVENT: Mortgage Bankers Association’s Regulatory Compliance Conference 2016

Posted in Events, Fair Lending, Mortgage, Regulatory Developments

Grand Hyatt Washington 1000 H St. NW Washington, DC 20001 September 18-20, 2016 Join Morrison & Foerster at the Mortgage Bankers Association’s Regulatory Compliance Conference as partners Joe Palmore and Don Lampe speak on the following topics: Major Litigation Affecting Compliance Officers September 19th, 12:45pm Eastern Joe Palmore Planning for CFPB TRID and Servicing Exams… Read More

CFPB, OCC, and Federal Reserve Propose Clarifications to Small Loan Exemption from HPML Appraisal Requirements

Posted in CFPB, Fair Lending, Mortgage, Regulatory Developments

In August 2016, the CFPB, the OCC, and the Board of Governors of the Federal Reserve System (together, the “Agencies”) jointly published in the Federal Register a notice of proposed rulemaking (NPR) to amend the Agencies’ respective regulations exempting certain small loans from the special appraisal requirements that apply to lenders in connection with making… Read More

CFPB Issues Guiding Principles for Loss Mitigation after HAMP

Posted in CFPB, Fair Lending, Foreclosure, Mortgage, Regulatory Developments

On August 2, 2016, the CFPB published a new guidance document titled CFPB’s Principles for the Future of Loss Mitigation (the “Guidance”), which outlines a recommended framework for new, industry-driven foreclosure relief programs. The Guidance largely follows the July 25, 2016, white paper jointly issued by the U.S. Department of the Treasury (“Treasury”), the U.S…. Read More

CFPB Relies on “Mystery Shoppers” in BancorpSouth Mortgage Discrimination Settlement

Posted in CFPB, Disparate Impact, Enforcement Actions, Fair Lending, Mortgage

CFPB “mystery shoppers,” along with secret recordings, were part of the CFPB’s factual allegations in a recent mortgage discrimination settlement. The DOJ and CFPB announced a settlement with BancorpSouth Bank to resolve alleged violations of the Fair Housing Act and Equal Credit Opportunity Act (ECOA). The complaint alleges that from at least 2011 to 2013,… Read More

CFPB Amends ATR/QM Rule to Implement HELP Act

Posted in CFPB, Mortgage

On March 22, 2016, the CFPB issued an Interim Final Rule (the “IFR”) amending the ability-to-repay (“ATR”) and qualified mortgage (“QM”) provisions of Regulation Z. The IFR, which implements a portion of the Helping Expand Lending Practices in Rural Communities (“HELP”) Act, became effective on March 31, 2016. Before the IFR became effective, certain special… Read More

FHFA Announces Home Modification Program

Posted in Mortgage

On April 14, 2016, the Federal Housing Finance Agency (“FHFA”) announced the launch of a principal reduction program for first-lien mortgages that are owned or guaranteed by Fannie Mae and Freddie Mac. According to the announcement, this program is a “last chance” for some borrowers to avoid foreclosure by allowing them to obtain a loan… Read More

CFPB Know Before You Owe Webinar

Posted in Events, Mortgage

On Tuesday, April 12 at 2:00 p.m. Eastern the CFPB will conduct a one-hour webinar to answer frequently asked questions about the Know Before You Owe (TRID) mortgage disclosure rule, focusing on new questions and guidance received after the rule’s October 2015 effective date. Click here to register.

ABA Survey Quantifies TRID Costs, Delays

Posted in CFPB, Mortgage

On March 1, the American Bankers Association published results of its 2016 TILA-RESPA Integrated Disclosures (TRID) Survey. The Survey aggregates data gathered between February 1, 2016 and February 17, 2016, from 548 of the ABA’s member banks. The Survey questions focused on costs and related effects of the CFPB’s TRID rule, which became effective in… Read More

CFPB’s Two-Year Policy Priorities

Posted in Arbitration, Auto Lending, CFPB, Mortgage, Student Lending

On Thursday, February 25, 2016, the CFPB held a Consumer Advisory Board meeting in which it outlined its forward-looking supervision and enforcement priorities. After the Board meeting, the CFPB published a summary of these priorities that promises the following, among other things, during the next two years: Rulemakings related to arbitration and debt collection; Rigorous… Read More

CFPB Publishes HMDA File Specifications for Data Collected in 2017 and 2018

Posted in CFPB, Mortgage

On February 18, the CFPB and the Federal Financial Institutions Examination Council (FFIEC) published new “File Specifications” for data to be collected pursuant to the Home Mortgage Disclosure Act (HMDA) and its implementing regulation, Regulation C, in 2017 and 2018. These File Specifications follow the CFPB’s October 15, 2015, final rule (the “Rule”) amending Regulation… Read More

CFPB Argues Statute of Limitations Not Applicable in Certain UDAAP Actions

Posted in CFPB, Enforcement Actions, Mortgage, UDAAP

On January 15, 2016, the CFPB filed a brief opposing a motion to dismiss in the Matter of Integrity Advance, LLC (“Integrity”) asserting that there is no time bar for certain CFPB actions under its UDAAP authority.  The CFPB’s argument cites its own RESPA enforcement action, which is currently on appeal, in contending that the… Read More

Know Before You Sell: CFPB Letter on “Know Before You Owe” Implementation

Posted in CFPB, Mortgage

In response to a written request from the Mortgage Bankers Association (MBA), Richard Cordray, Director of the Consumer Financial Protection Bureau, penned a response dated December 29, 2015, addressing implementation of the Truth-in-Lending Act- Real Estate Settlement Procedures Act Integrated Disclosure Rule (known as TRID) (the “Rule”). The Director responded to MBA’s concerns that the… Read More

#ThrowbackThursday: Steps for Lenders to Consider in Connection with Mortgage Modification Programs

Posted in Mortgage

Originally published as a Morrison & Foerster client alert in October 2008. Banks are increasingly implementing mortgage modification programs in order both to settle class-action lawsuits and as a way to improve returns on their investments.  With housing prices continuing to decline, some lenders have found it increasingly cost-effective to allow borrowers to modify mortgages,… Read More

CFPB Releases Compliance Guide for Amended HMDA Rule

Posted in CFPB, Mortgage, Regulatory Developments

Last week, the CFPB released a new compliance guide to accompany its October 15, 2015, final rule amending Regulation C, which implements the Home Mortgage Disclosure Act. As discussed in two previous alerts – available here and here – the final rule makes sweeping changes to the types of institutions and transactions covered by Regulation… Read More

Big Data, Big Government – Big Trouble? A Hard Look at the Final HMDA Rule

Posted in CFPB, Mortgage, Regulatory Developments

As previously reported, on October 15, 2015, the CFPB released a final rule (the “Rule”) amending Regulation C, 12 C.F.R part 1003, which implements HMDA. Shortly thereafter, we published a high-level summary of the Rule, describing the major changes to Regulation C across four broad areas: Covered institutions, i.e., the types of institutions required to… Read More