Richard J. Andreano, Jr.

Richard J. Andreano, Jr.

Ballard Spahr LLP

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New CFPB webinar available on 2015 HMDA final rule

On October 15, 2015, the CFPB released a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act (HMDA), requiring certain data on mortgage applications and loans to be collected beginning in 2017...more

2/16/2017 - Amended Regulation Banking Sector Borrowers CFPB Covered Financial Institutions Data Collection Disclosure Requirements Financial Institutions HMDA Mortgage Lenders Mortgages Regulation C Reporting Requirements Webinars

DOJ Files Redlining Lawsuit Against KleinBank

The U.S. Department of Justice (DOJ) recently commenced a redlining lawsuit against KleinBank, a state-chartered Minnesota bank subject to the regulatory authority of the Federal Deposit Insurance Corporation (FDIC). The...more

1/31/2017 - Banking Sector CFPB Community Reinvestment Act Consumer Financial Products Consumer Lenders Discriminatory Lending Practices DOJ ECOA Fair Housing Act (FHA) HMDA Mortgage Lenders Mortgages Race Discrimination Redlining

PLI 22nd Annual Consumer Financial Services Institute – 25% Discount Available

We are pleased to invite you to the 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, March 27-28, 2017, in New York City (and by live webcast and groupcast in Atlanta and...more

1/27/2017 - Banking Sector CFPB Class Action Consumer Financial Products Data Privacy Data Security Debt Collection Fair Lending FCRA Financial Services Industry Mortgages Regulatory Oversight TCPA

Updated HMDA resources for data collected in 2017 and 2018

As we have previously discussed, on October 15, 2015, the Consumer Financial Protection Bureau (CFPB) released a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act (HMDA), requiring certain...more

1/12/2017 - Banking Sector CFPB HMDA Mortgage Lenders Mortgage Servicers Mortgages Regulation C Websites

DOJ Files Consent Order Against Union Savings Bank, Guardian Savings Bank

The U.S. Department of Justice (DOJ) has filed a consent order against Union Savings Bank and Guardian Savings Bank to resolve redlining allegations. The complaint alleges that the banks violated the Fair Housing Act (FHA)...more

1/5/2017 - Banking Sector Banks Consent Order Consumer Financial Products DOJ ECOA Fair Housing Act (FHA) FDIC Financial Services Industry Jurisdiction Mortgages OCC Race Discrimination Redlining

CFPB posts 2017 final lists of rural and rural or underserved counties

The CFPB has posted its 2017 final lists of Rural and Rural or Underserved Counties on its website.  The CFPB has previously posted lists of such counties for calendar years 2011-2016. The lists are relevant to...more

11/22/2016 - Banking Sector CFPB Consumer Lenders Mortgages Residential Real Estate Market Rural Areas

CFPB sending HMDA warning letters

The CFPB announced that it is issuing warning letters to 44 mortgage lenders and mortgage brokers stating that it “has information that appears to show that your company may not be in compliance with certain provisions of the...more

10/28/2016 - Banking Sector Banks CFPB Data Collection Disclosure Requirements Dodd-Frank Financial Institutions HMDA Mortgage Lenders Mortgage Servicers Mortgages Regulation C Reporting Requirements

Cordray remarks to MBA signal continued CFPB focus on servicing, likely petition for rehearing in PHH case

In his remarks at the Mortgage Bankers Association’s annual meeting in Boston on October 25, Director Cordray signaled that mortgage servicing will continue to be a focus of CFPB supervisory and enforcement activity, with the...more

10/27/2016 - CFPB Constitutional Challenges Financial Sector Mortgage Bankers Association Mortgage Servicers Mortgages Petition For Rehearing PHH Corp. v CFPB Removal For-Cause Residential Real Estate Market Richard Cordray Single Director TILA-RESPA Integrated Disclosure Rule (TRID)

D.C. Circuit Holds CFPB Structure Unconstitutional, Interpretation of RESPA Not Entitled to Deference

The D.C. Circuit yesterday issued its long-awaited decision in PHH Corporation v. CFPB. In reversing the decision of Consumer Financial Protection Bureau (CFPB) Director Cordray to impose an enhanced penalty of $109 million...more

10/13/2016 - Administrative Proceedings Article II Banking Sector CFPB Constitutional Challenges Dodd-Frank Due Process HUD Insurance Industry Kickbacks Mortgage Insurance Mortgages PHH Corp. v CFPB Referral Fees Reinsurance Removal For-Cause RESPA Single Director Statute of Limitations Statutory Interpretation

FDIC Publishes Community Banker Product Guide Resource

The Federal Deposit Insurance Corporation (FDIC) has published multiple resources to help community bankers learn more about single-family housing products offered by federal agencies and government-sponsored enterprises. The...more

9/30/2016 - Consumer Lenders FDIC Homeowners Housing Market Mortgage Lenders Mortgages Residential Real Estate Market Single Family Housing

CFPB approves FHLMC/FNMA revised uniform residential loan application; collection of HMDA ethnicity and race information in 2017

In a notice published in today’s Federal Register, the CFPB announced that it has given its “official approval” to a revised and redesigned Uniform Residential Loan Application (2016 URLA) and to the collection of expanded...more

9/30/2016 - Banking Sector CFPB Data Collection ECOA Ethnicity Financial Institutions HMDA Housing Market Mortgages Regulation B Regulation C Residential Real Estate Market

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

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

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

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 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)

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