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Ninth Circuit Finds CFPB Interpretation of RESPA Provision Not Entitled to Deference

On August 24, 2015, the Ninth Circuit found that the CFPB’s interpretation offered in an amicus brief of 12 U.S.C. § 2607(c)(2) of the Real Estate Settlement Procedures Act (RESPA) was not entitled to Chevron deference...more

CFPB Officially Moves TRID Effective Date To October 3

The CFPB has issued a final rule postponing the effective date for all provisions of the TILA-RESPA Final Rule and Amendments to October 3, 2015. The final rule also includes certain technical amendments to reflect the new...more

CFPB Targets Real Estate Developer in Recent Enforcement Action

The Consumer Financial Protection Bureau (CFPB) recently entered into a consent order against International Land Consultants, Inc. (ILC), a real estate development company, and four of its employees involved in the marketing,...more

A Bit of Grace

The Consumer Financial Protection Bureau (CFPB) has finally agreed to bend under the strain of numerous requests from financial industry participants and 255 bi-partisan House members and 41 senators, who requested that the...more

Deference in Decline: ECOA’s Regulation B and Agency Discretion Might Not Be Broad Enough to Include Spousal Guarantors

For more than 40 years, the Equal Credit Opportunity Act (‘‘ECOA’’) has prohibited lenders from discriminating against applicants for credit on various prohibited bases, including marital status. The policy reasons for such...more

Mainebiz Real Estate Insider – Lender Liability in Real Estate Closings; Know Your Closer Well

The general phrase “lender liability” usually refers to cases where a lender does not live up to its own loan agreement, or where a loan officer promises more than the loan documents provide, or where the lender sells...more

CFPB Releases Final RESPA-TILA Integrated Disclosures Rule

On November 20, the Consumer Financial Protection Bureau released the nearly 1,900-page final RESPA-TILA Integrated Disclosures Rule. The rule will be effective for applications received on or after August 1, 2015. The...more

Federal Reserve Bank of Dallas Staff Papers: How Bad Was It? The Costs and Consequences of the 2007–09 Financial Crisis

Federal Reserve Bank of Dallas Staff Papers The Costs and Consequences of the 2007–09 Financial Crisis The Financial Crisis Cost More Than $14 Trillion: Dallas Fed Study The financial crisis likely cost at least a...more

A Familiar Shadow: Anticipating CFPB’s Impact On Commercial Lending

The July 2013 issue of the “Mortgage Banking” magazine focuses on the Consumer Financial Protection Bureau (or “CFPB”). The coverline is this: “CFPB – A Powerful New Overseer.”...more

Third Circuit Shields Property Reporting Firm From FCRA Liability

On December 6, the U.S. Court of Appeals for the Third Circuit held that a property reporting firm cannot be held liable for a willful violation of FCRA because the firm’s interpretation that it was not a consumer reporting...more

Comment Period on the Integrated Mortgage Disclosure Rules Ends November 6, 2012 by Brian Gallogly, Esq.

As a component of its “Know Before You Owe” project and pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Consumer Finance Protection Bureau (the “CFPB”) issued its proposed...more

Comment Period on the Integrated Mortgage Disclosure Rules Ends November 6, 2012 by Brian Gallogly, Esq.

As a component of its “Know Before You Owe” project and pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Consumer Finance Protection Bureau (the “CFPB”) issued its proposed...more

CALIFORNIA HOMEOWNERS BILL OF RIGHTS: CALIFORNIA SENATE BILL No. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD

CALIFORNIA SENATE BILL No. 1474 CHAPTER 568 An act to amend Sections 781 and 923 of the Penal Code, relating to grand jury proceedings. Approved by Governor September 25, 2012. Filed Secretary of State September 25,...more

Barofsky: Don't Believe Hype About $25B Mortgage Settlement [Video]

March 15 (Bloomberg Law) -- The $25 billion mortgage settlement between lenders and state attorneys general won't help nearly as many people as its touted to, Neil Barofsky, the former Special US Treasury Department Inspector...more

Dodd-Frank Act: Reformation and Regulations

Part I of a Three-Part Series on Financial Reform Legislation. Published in National Mortgage Professional Magazine First Published: August 2010 Re-Published: August 2011 Part I outlines the general features of the...more

OTS and OCC Synchronizing

On May 25, 2011, the Office of the Comptroller of the Currency (OCC) issued a proposed rule implementing several provisions of the Dodd-Frank Act (Dodd-Frank), including the transfer of functions from the Office of Thrift...more

U.S. Bank, N.A. v. Ibanez

US Bank, N.A. v. Ibanez, Slip Opinion, SJC-10694

Posted by George E. Bourguignon, Jr., Foreclosure defense attorney. The Massachusetts Supreme Judicial Court has issued its long awaited decision related to foreclosure defense: US Bank, N.A. v. Ibanez. This decision was...more

Rhode Island Surety Bond and Minimum Net Worth Requirements for Mortgage Loan Originators By Patricia Antonelli, Esq.

On November 5, 2010, the Division of Banking of the Rhode Island Department of Business Regulation (the “DBR”) introduced Banking Regulation 6 entitled “Surety Bond and Minimum Net Worth Pursuant to the Secure and Fair...more

Dodd-Frank Wall Street Reform and Consumer Protection Act

Dodd-Frank Wall Street Reform and Consumer Protection Act Makes Changes to the Federal Protecting Tenants at Foreclosure Act of 2009 On July 21, 2010, the President signed the federal Wall Street Reform and Consumer...more

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