Richard J. Andreano, Jr.

Richard J. Andreano, Jr.

Ballard Spahr LLP

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HUD Expands Fair Housing Protections

People with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA) under new guidance announced by the U.S. Department of Housing and Urban Development (HUD). Housing providers can face liability for...more

9/21/2016 - Discrimination Disparate Impact Fair Housing Act (FHA) Housing Discrimination Housing Market HUD Landlords Limited English Proficiency (LEP) Mortgages National Origin National Origin Discrimination Real Estate Market Tenants

District Court Dismisses Disparate Impact Claim of Inclusive Communities

A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

9/2/2016 - Affordable Housing Burden-Shifting Causation Discrimination Dismissals Disparate Impact Fair Housing Act (FHA) HUD LIHTC Pleading Standards Race Discrimination Texas Dept of Housing v Inclusive Communities Title VII

Fannie Mae and Freddie Mac Publish Redesigned Uniform Residential Loan Application Form and Dataset

Fannie Mae and Freddie Mac have announced that they have published redesigned versions of their Uniform Residential Loan Application Form (URLA), the first substantial revision to the form in more than 20 years. The update to...more

9/2/2016 - Applications Fannie Mae Freddie Mac HMDA Mortgages Residential Real Estate Market

CFPB Revises Methodology Statement for Calculating Average Prime Offer Rates

The Consumer Financial Protection Bureau (CFPB) has published a notice in the Federal Register announcing that it has revised its methodology statement for calculating the average prime offer rates (APORs) under Regulations C...more

8/24/2016 - Banking Sector CFPB Financial Institutions Mortgages Real Estate Market Regulation C Regulation Z

Foreclosure of Nevada HOA Super Lien Cannot Extinguish Mortgage Lender’s Security Interest

The non-judicial foreclosure of a Nevada HOA super lien cannot constitutionally extinguish a mortgage lender's security interest, the Ninth Circuit Court of Appeals has held. This holding will affect many lawsuits in federal...more

8/16/2016 - Banking Sector Due Process Foreclosure Fourteenth Amendment HOA Liens Mortgages

CFPB revises methodology statement for calculating average prime offer rates

The CFPB has published a notice in the Federal Register announcing that it has revised its methodology statement for calculating the average prime offer rates (APORs) under Regulations C and Z. Regulation C requires...more

8/11/2016 - CFPB Covered Financial Institutions Mortgage Lenders Mortgages Regulation C Regulation Z Reporting Requirements

FinCEN Expands Targeting of High-End Cash Real Estate Transactions

FinCEN has announced a major expansion and extension of its geographic targeting orders (GTOs) aimed at high-end cash buyers of real estate. This action reflects FinCEN’s continued efforts to prevent money laundering through...more

8/5/2016 - Banking Sector Beneficial Owner Cash Transactions Covered Transactions FinCEN Geographic Targeting Order Insurance Industry Money Laundering Real Estate Investments Real Estate Market Reporting Requirements Title Insurance

CFPB Proposes TRID Rule Modifications

As previously reported, the Consumer Financial Protection Bureau (CFPB) proposed substantive and technical revisions to the TILA/RESPA Integrated Disclosure (TRID) rule, which the CFPB refers to as the "Know Before You Owe"...more

8/4/2016 - Banking Sector CFPB Closing Documents Consumer Lenders Disclosure Requirements Gramm-Leach-Blilely Act Mortgage Lenders Mortgages Property Insurance Property Tax Regulation Z Residential Real Estate Market TILA-RESPA Integrated Disclosure Rule (TRID) Title Insurance

FHA and VA to Expand Coverage to Properties with Certain PACE Assessments

The Federal Housing Administration (FHA) has announced guidance intended to clarify circumstances under which residential properties encumbered by a Property Assessed Clean Energy (PACE) special assessment would be eligible...more

7/26/2016 - Banking Sector Clean Energy Department of Veterans Affairs Energy Efficiency Federal Housing Administration (FHA) Loans Mortgage Bankers Association Mortgages PACE Renewable Energy Renewable Energy Incentives Solar Energy

HMDA resources for data collected in 2017 and 2018

As we have reported, the Consumer Financial Protection Bureau (CFPB) released a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act (HMDA), requiring “Covered Institutions” to report certain...more

7/22/2016 - CFPB Disclosure Requirements FFIEC Filing Requirements HMDA HUD Mortgage Lenders Mortgages Real Estate Market Regulation C Reporting Requirements

CFPB, DOJ Settle Fair Lending Claims Involving Allegations of Redlining, Discretionary Underwriting and Pricing, Overt...

The Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) recently announced a proposed consent order with BancorpSouth Bank to settle charges that the bank’s mortgage lending practices violated the Fair...more

7/22/2016 - Banking Sector CFPB Discriminatory Lending Practices DOJ ECOA Fair Housing Act (FHA) Fair Lending Mortgages Race Discrimination Real Estate Market Redlining

NY DFS Finalizes Rigorous AML/BSA Regulation

The New York Department of Financial Services (DFS) has finalized a new regulation setting forth rigorous standards for monitoring and filtering programs to monitor transactions for potential anti-money laundering (AML) and...more

7/11/2016 - Anti-Money Laundering Bank Secrecy Act Banking Sector Banks BSA/AML Financial Institutions Financial Regulatory Reform Foreign Banks Lenders Money Laundering Money Transmitter Mortgages New Regulations NYDFS OFAC Transaction Monitoring

CFPB and DOJ Settle Fair Lending Claims Involving Allegations of Redlining, Discretionary Underwriting and Pricing, and Overt...

The Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) recently announced a proposed consent order with BancorpSouth Bank to settle charges that the bank’s mortgage lending practices violated the...more

7/11/2016 - Banking Sector CFPB Consent Order Consumer Financial Products Discriminatory Lending Practices DOJ ECOA Fair Housing Act (FHA) Financial Institutions Mortgages Popular Race Discrimination Redlining

FinCEN Director Discusses Initiatives to Address Money Laundering Through Real Estate

The Financial Crimes Enforcement Network's (FinCEN) continuing efforts to address the "real estate industry's vulnerability to money laundering” were outlined by FinCEN Director Jennifer Shasky Calvery in an April 12, 2016,...more

6/1/2016 - BSA/AML Cash Transactions FinCEN Geographic Targeting Order Money Laundering Real Estate Market

CFPB Publishes New Annotated Loan Disclosures

In emails sent to CFPB email subscription holders, the CFPB announced the publication of new annotated versions of the Loan Estimate and Closing Disclosure that include citations to sections in Chapter 2 of the Truth in...more

5/31/2016 - Banking Sector CFPB Consumer Financial Products Consumer Lenders Mortgage Lenders Mortgages Regulation Z TILA-RESPA Integrated Disclosure Rule (TRID) Truth in Lending Act (TILA)

CFPB Publishes New Annotated Loan Disclosures

In emails sent to CFPB email subscription holders, the CFPB announced the publication of new annotated versions of the Loan Estimate and Closing Disclosure that include citations to sections in Chapter 2 of the Truth in...more

5/16/2016 - CFPB Closing Documents Disclosure Requirements Dodd-Frank Mortgages TILA-RESPA Integrated Disclosure Rule (TRID) Truth in Lending Act (TILA)

CFPB publishes two resources for small creditors

The CFPB recently published a fact sheet for small creditors operating in rural or underserved areas. As we have reported, the CFPB issued a final rule, which became effective on January 1, 2016, revising the definitions of...more

5/4/2016 - Banking Sector CFPB Qualified Mortgage Rule Regulation Z Rural Areas Small Credit Institutions Truth in Lending Act (TILA)

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

4/22/2016 - Administrative Procedure Act Affordable Housing Disparate Impact Fair Housing Act (FHA) Homeowner's Insurance Motion to Amend Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

CFPB Issues Second Rule to Implement the HELP Act, Expanding Qualified Mortgage Coverage for Lenders in Rural and Underserved...

As we have addressed, Congress passed the Helping Expand Lending Practices in Rural Communities Act of 2015 (HELP Act) on December 4, 2015, in efforts to expand the designation of additional areas as being "rural" under...more

4/15/2016 - Ability-to-Repay CFPB Comment Period Escrow Accounts Final Rules HELP Act Mortgages New Legislation Regulation Z Rural Areas Truth in Lending Act (TILA)

CFPB issues second rule to implement the HELP Act, expanding Qualified Mortgage coverage for lenders lending in rural and...

As we have addressed, Congress passed the Helping Expand Lending Practices in Rural Communities Act of 2015 (HELP Act) on December 4, 2015, in efforts to expand the designation of additional areas as being “rural” under...more

3/31/2016 - Ability-to-Repay CFPB Mortgages Qualified Mortgage Rule Regulation Z Residential Real Estate Market Rural Areas Rural Development Truth in Lending Act (TILA)

CFPB Staff Presents TRID Rule Webinar

The Consumer Financial Protection Bureau (CFPB) staff presented an informational webinar on March 1, 2016, to address several issues with the TILA/RESPA Integrated Disclosure (TRID) rule in connection with...more

3/22/2016 - CFPB Construction Industry Construction Loans Mortgages Residential Real Estate Market TILA-RESPA Integrated Disclosure Rule (TRID)

Survey Says: TRID Extends Processing Times and Limits Products Offered

The American Bankers Association (ABA) has released findings from its recent 2016 ABA TRID Survey focusing on the TILA/RESPA Integrated Disclosure (TRID) rule’s effect on the residential mortgage lending market. The findings,...more

3/7/2016 - American Bankers Association Banking Sector Mortgage Lenders Mortgages Surveys TILA-RESPA Integrated Disclosure Rule (TRID)

CFPB invites comments on “Application Process for Designation of Rural Area under Federal Consumer Financial Law”

As we previously addressed, the CFPB issued a final rule to expand the definition of “rural areas” under Regulation Z with regard to the authority of small creditors to make certain qualified mortgage loans under the ability...more

2/24/2016 - CFPB Comment Period Escrow Accounts Final Rules HELP Mortgage Lenders Regulation Z Rural Development

TRID Rule Technical Correction?

In the Federal Register the Consumer Financial Protection Bureau (CFPB) published a correction to the TILA/RESPA Integrated Disclosure (TRID) rule supplementary information as published on December 31, 2013, with regard to...more

2/22/2016 - CFPB Escrow Accounts HOA Dues Mortgages Property Tax TILA-RESPA Integrated Disclosure Rule (TRID)

Federal Reserve Repeals Regulation AA, Proposes Repeal of Regulation C

The Federal Reserve Board (Board) is repealing Regulation AA, which includes the Board's credit practices rule, effective March 21, 2016. The Board is also proposing to repeal its Regulation C, which historically implemented...more

2/19/2016 - Banks CFPB Comment Period Dodd-Frank Federal Reserve FTC Act HMDA Mortgages Regulation AA Regulation C

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