Header graphic for print
MoFo Reenforcement The Enforcement Blog

Tag Archives: HUD

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

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

#ThrowbackThursday: CFPB as HUD: Another Section 8 Consent Order Displays CFPB’s RESPA Approach

Posted in CFPB, Enforcement Actions, Mortgage

In October 2014, Morrison & Foerster published the client alert “CFPB as HUD: Another Section 8 Consent Order Displays CFPB’s RESPA Approach.” Summary: In a recent RESPA enforcement action, the CFPB  negotiated a consent order with Lighthouse Title, Inc. (“Lighthouse”) for alleged violations of RESPA’s prohibition against kickbacks. RESPA Section 8(a) and its implementing regulation,… Read More

#ThrowbackThursday: HUD Issues Aggressive New Fair Housing Rule

Posted in Disparate Impact

In February 2013, Morrison & Foerster published the client alert “HUD Issues Aggressive New Fair Housing Rule.” Summary: The U.S. Department of Housing and Urban Development (HUD) has finally issued its much-debated disparate impact rule. HUD argues that the rule—which it plans to apply retroactively—is simply a codification of its existing position that the Fair… Read More

New Fair Housing Rule

Posted in Fair Lending, Mortgage

HUD today announced a new Fair Housing Act rule to “affirmatively further[] fair housing.”  The Fair Housing Act, passed in 1968, directs HUD to promote fair housing and equal opportunity, including addressing segregated housing patterns.  This new rule “aims to provide all HUD program participants with clear guidelines and data they can use to achieve… Read More

Disparate Whatever

Posted in Disparate Impact, Fair Lending

The House has approved an amendment aimed at barring the Department of Justice (DOJ) from enforcing the U.S. Department of Housing & Urban Development’s (HUD) fair lending disparate impact rule. The amendment is to H.R. 2578, the Fiscal Year 2016 Commerce, Justice, Science, and Related Agencies Appropriations Act. It would prohibit the DOJ from using… Read More

Interagency Fair Lending Hot Topics

Posted in Auto Lending, CFPB, Mortgage

This Wednesday, October 22, 2014, federal enforcement and regulatory agencies are hosting an interagency webinar on emerging fair lending issues and hot topics. Representatives from seven agencies—the DOJ, CFPB, FDIC, OCC, Fed, HUD, and NCUA—will participate. The discussion includes the agencies’ expectations for institutions’ compliance management systems and fair lending risk assessments, fair lending risk associated with… Read More

Crack Down on Alleged Maternity Leave Discrimination Continues

Posted in Enforcement Actions, Fair Lending, Mortgage

HUD continues to aggressively police alleged discrimination against mortgage loan applicants who are on parental leave and/or who receive disability income. HUD recently announced a multimillion-dollar settlement with a national bank to resolve allegations that the bank’s home mortgage unit discriminated against women on maternity leave. The bank is paying a total of $165,000 to… Read More