Ellen Marshall

Ellen Marshall

Manatt, Phelps & Phillips, LLP

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Latest Publications


Study: TRID Rules Have Increased Costs, Decreased Product Offerings

What kind of impact have the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) requirements had on banks? According to a new study conducted by the American Bankers Association (ABA), the...more

4/7/2016 - American Bankers Association Banking Sector CFPB Consumer Lenders TILA-RESPA Integrated Disclosure Rule (TRID)

Regulators Demand “Good Faith Efforts” for TRID Implementation

Why it matters - Federal regulators said they don’t expect perfection from banks trying to comply with the new mortgage disclosure requirements but will not turn a blind eye with regard to enforcement. In letters to...more

10/20/2015 - CFPB Disclosure Requirements Dodd-Frank Enforcement Actions Fannie Mae FDIC Final Rules Freddie Mac Good Faith GSE Mortgage Brokers Mortgage Lenders Mortgage Servicers Mortgages OCC Policies and Procedures TILA-RESPA Integrated Disclosure Rule (TRID) Training

Lenders Get TRID Reprieve Thanks to CFPB Admin Error

Why it matters - An “administrative error” on the part of the Consumer Financial Protection Bureau (CFPB) may have been the best news lenders received in a long time. On August 1, the new TRID (TILA-RESPA Integrated...more

7/10/2015 - CFPB Compliance Consumer Protection Act Dodd-Frank ECOA Hold Harmless Mortgage Lenders Real Estate Settlement Procedures Act TILA-RESPA Integrated Disclosure Rule (TRID) Truth in Lending Act (TILA)

CFPB Proposes Eased Mortgage Restrictions on Smaller Financial Institutions

Why it matters - Seeking to reassure smaller financial institutions struggling to cope with regulatory changes in the mortgage industry, the Consumer Financial Protection Bureau (CFPB) proposed changes intended to...more

2/18/2015 - Ability-to-Repay CFPB Financial Institutions Mortgage Lenders Mortgages Proposed Amendments Small Credit Institutions

CFPB Proposes Expanded Auto Lenders Regulation

The Consumer Financial Protection Bureau’s (CFPB) recent proposal to exercise its authority under the Dodd-Frank Act to supervise large nonbank automobile lenders may have finance companies working to enforce...more

10/14/2014 - Automotive Industry Automotive Loans Car Dealerships CFPB Dodd-Frank Fair Lending Nonbank Firms

Bank Regulator Eyes Insurer Capital

The Federal Reserve Board (FRB) has begun a process that will lead to the imposition of new capital requirements on some large insurance companies. Pursuant to Section 171 of the Dodd-Frank Act, the FRB gained authority to...more

10/13/2014 - Banks Capital Requirements Compliance Dodd-Frank Federal Reserve Financial Regulatory Reform Jurisdiction Nonbank Firms Risk-Based Approaches

SEC Issues Final Regulations on Asset-Backed Securities

In the last week of August, the SEC issued in final form the new and wholly revised Regulation AB, which relates to the issuance of asset-backed securities. ...more

9/11/2014 - Asset-Backed Securities Compliance Dodd-Frank Regulation AB SEC

New IRA Rollover Interpretation Has Implications For Banks

In a new interpretation with implications for banks, the Internal Revenue Service (IRS) announced its intent to change course and limit rollovers from an Individual Retirement Account (IRA) to one rollover per year per...more

5/13/2014 - Aggregation Rules Banks Income Taxes IRA IRA Rollovers IRS

Financial Services Law - Feb 28, 2014

Light ’em Up: FinCEN’s Cautionary Guidance About Banks Working With Marijuana Companies - The Financial Crimes Enforcement Network’s new guidance on how to work with marijuana-related businesses is unlikely to make it...more

2/28/2014 - Bank Secrecy Act Banks Bitcoin FinCEN Marijuana Suspicious Activity Reports (SARs) Virtual Currency

Financial Services Law - Feb 14, 2014

Bit by Bit(coin), Virtual Currency Inches Toward Regulation - Has the time come to regulate virtual currency? At a recent hearing held by the New York Department of Financial Services, the answer appeared to be “yes.”...more

2/14/2014 - Banks Bitcoin FDIC Financial Regulatory Reform OCC Virtual Currency Volcker Rule

Financial Services Law -- Jan 17, 2014

Community Banks and the Volcker Rule: What’s Next? - For now, banks that have investments in CDO securities that are issued by funds that are invested in trust preferred securities (TruPS CDOs) have dodged a bullet. On...more

1/17/2014 - Arbitration Banking Sector CFPB Collateralized Loan Obligations Community Banks Covered Entities Dodd-Frank DOJ Fair Lending FFIEC Financial Institutions Mandatory Arbitration Clauses Social Media Trust Preferred Securities Volcker Rule

Volcker Rule Is Final

As widely anticipated in the press, federal regulators have issued final rules implementing Section 619 of the Dodd-Frank Act, commonly called the Volcker Rule. This is the portion of the Dodd-Frank Act that limits...more

12/11/2013 - CFTC Dodd-Frank FDIC OCC SEC U.S. Treasury Volcker Rule

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