Benjamin Saul

Benjamin Saul


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Latest Publications


Consumer Financial Services Litigation - Year In Review

In 2015, the consumer financial services industry continued to face increasing pressure, from regulators and government enforcement activity, and ever-more creative litigation tactics. In order to stay competitive—and to...more

2/24/2016 - Auto Lease Consumer Financial Products Corporate Counsel Credit Cards Debt Collection Lending Loans Mortgage Servicers Payday Loans Popular Student Loans TCPA TILA-RESPA Integrated Disclosure Rule (TRID)

CFPB Issues New Mortgage Disclosure Rule

On October 15, 2015, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act (HMDA). At nearly 800 pages, the new HMDA rule changes (i) the...more

10/22/2015 - Amended Regulation Attorney-Client Privilege Balancing Test CFPB Covered Financial Institutions Data Collection Disclosure Requirements Discrimination Fair Lending Final Rules Financial Institutions HMDA Home Equity Line of Credit Mortgage Lenders Mortgages Recordkeeping Requirements Regulation C Reporting Requirements Reverse Mortgages

A Guide to Real Estate Crowdfunding Today - The Legal Landscape for Peer-to-Peer Lending

Peer-to-peer (P2P) lending is a rapidly growing vehicle for consumer and business purpose lending. It can provide fast, efficient access to capital, particularly for small businesses, and relatively attractive financing to...more

11/10/2014 - Crowdfunding Debt Securities Licensing Rules Popular Real Estate Investments Secured Debt Small Business Startups

REsource -- Fall 2014

A Guide to Real Estate Crowdfunding Today - The idea of creating large scale syndicates to purchase real estate is a classic concept. Large scale syndication traces its roots directly back to the 1920’s, when...more

10/31/2014 - Accredited Investors Crowdfunding Peer-to-Peer Real Estate Investments Regulatory Standards

Dodd-Frank’s New Deputies of Federal Consumer Financial Laws—States

In the wake of the Financial Crisis, the federal government has invigorated its civil fraud enforcement. The U.S. Department of Justice has dominated the headlines in this area with a series of significant lawsuits and...more

9/23/2014 - Banking Crisis Banking Sector Banks CFPB Dodd-Frank DOJ Enforcement Actions Mortgage Servicers Mortgages Strategic Enforcement Plan Unfair or Deceptive Trade Practices

Managing Vendors In An Era Of Increased CFPB Scrutiny

For financial institutions, having compliance management systems that mitigate in-house risk is not sufficient to meet regulatory expectations. With more work now outsourced to third party vendors, financial institutions are...more

8/13/2014 - CFPB Compliance Enforcement Enforcement Actions Third-Party Risk

Fair Servicing: Regulators Watch for Discrimination by Servicers

Federal regulators delivered that message in October 2013, reminding loan servicers that they are subject to fair lending liability and must manage their fair lending risks. The regulators’ message concerning “fair servicing”...more

5/5/2014 - CFPB Consent Order Discrimination Fair Lending Loan Modifications Loan Servicer Risk Management

CFPB and DOJ Enter Into First Joint Fair Lending Consent Order with Indirect Auto Finance Company

On December 20, 2013, the Consumer Financial Protection Bureau and U.S. Department of Justice entered into a joint fair lending settlement with Ally Financial, Inc. and Ally Bank to resolve allegations that the Company’s...more

12/24/2013 - Automotive Loans CFPB Consent Order DOJ Enforcement Actions Fair Lending

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