News & Analysis as of

Consumer Protection Residential Real Estate

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Additional guidance from HUD/Freddie/Fannie/Ginnie/VA on mortgage-related disaster relief for hurricane victims

by Ballard Spahr LLP on

In addition to the guidance regarding Hurricane Harvey disaster relief, the housing agencies and government-sponsored enterprises (GSEs) recently addressed the mortgage-related relief available to victims of both Hurricane...more

You Can’t Ignore RESPA Section 8(c)

by Foley & Lardner LLP on

It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real...more

CFPB Issues Final Rule Temporarily Raising Reporting Threshold for Home Equity Loans Under Home Mortgage Act Rules

On August 24, 2017, the Consumer Financial Protection Bureau (the “CFPB“) issued a new rule that amends the 2015 updates to the Home Mortgage Act (“HMDA“) rules. Under the HMDA rules that are scheduled to take effect in...more

More Companies Must Comply with the Gramm-Leach-Bliley Act, But Don’t Know It. Are You One of Them?

by Dickinson Wright on

When the topic of data privacy and cyber security comes up, most people automatically think of data breaches, especially given the high-profile nature of so many of them. Breaches and hacks are certainly an issue about which...more

Data Collection at Retail Properties - Risks and Recommendations

by King & Spalding on

Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. Businesses can enhance consumer experiences through targeted marketing,...more

How to Protect Yourself from Financial Disaster in the Wake of a Natural Disaster

In light of Hurricane Harvey and all the damage that it caused, as well as the potential damage that may be inflicted by Hurricane Irma, the Consumer Financial Protection Bureau (CFPB) has provided advice on measures to take...more

Rebuilding: Construction Considerations in the Wake of Disaster

by Jackson Walker on

Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding....more

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more

Banking Agencies Address Disaster Relief for Hurricane Harvey Victims

by Ballard Spahr LLP on

Several federal agencies have issued reminders and requirements related to banking and credit services for borrowers affected by Hurricane Harvey.  We previously reported on mortgage-related guidance issued by Fannie Mae,...more

CFPB publishes annual CARD Act, HOEPA, QM adjustments

by Ballard Spahr LLP on

The CFPB has published a final rule regarding various annual adjustments it is required to make under provisions of Regulation Z (TILA) that implement the CARD Act, HOEPA, and the ability to repay/qualified mortgage...more

CFPB releases summary of TRID Rule amendments

by Ballard Spahr LLP on

In July, the CFPB finalized amendments to the TILA/RESPA Integrated Disclosure (TRID) rule.   Published in the Federal Register earlier this month, the amendments will become effective on October 10, 2017, with a mandatory...more

HUD/VA/Fannie/Freddie address mortgage-related disaster relief for Hurricane Harvey victims

by Ballard Spahr LLP on

On Monday, August 28, HUD announced that it was committed to “speed federal disaster assistance to the State of Texas and provide support to homeowners and low-income renters forced from their homes due to Hurricane Harvey.”...more

CFPB Finalizes Amendments to Mortgage Data Rule

Includes Temporary Increase in Reporting Threshold for Community Banks & Credit Unions - On August 24, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule to adopt amendments to the 2015 Home...more

CFPB finalizes temporary increase of HMDA HELOC reporting threshold and other minor HMDA amendments

by Ballard Spahr LLP on

As we previously reported, in October 2015, the CFPB adopted significant revisions to Regulation C, the Home Mortgage Disclosure Act (HMDA) rule, most of which become effective January 1, 2018. As a result of the revisions,...more

Guidance from the OCC to banks regarding higher loan-to-value loan programs

by Ballard Spahr LLP on

On August 21, 2017, the Office of the Comptroller of the Currency (OCC) published Bulletin 2017-28 regarding higher-loan-to-value (LTV) lending programs (the “Bulletin”). Recognizing the need for further revitalization...more

FFIEC issues new HMDA resubmission guidelines

by Ballard Spahr LLP on

As expected, the Federal Financial Institution Examination Council (FFIEC) member agencies issued new data resubmission guidelines under the Home Mortgage Disclosure Act (HMDA) effective for the 2018 data collection year. ...more

D.C. Adds Student Loan Servicer License to NMLS

by Ballard Spahr LLP on

On August 10, 2017, the District of Columbia Department of Insurance, Securities and Banking started accepting applications and transition fillings for the Student Loan Servicer License and Student Loan Servicer Branch...more

TRID Rule Amendments and Proposal Published

by Ballard Spahr LLP on

As we reported previously, on July 7, 2017 the Consumer Financial Protection Bureau (CFPB) posted on its website long awaited amendments to the TILA/RESPA Integrated Disclosure (TRID) rule, and a proposal to address the...more

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more

Sixth Circuit: Firm's Post-Foreclosure Conduct Does Not Violate FDCPA

by Ballard Spahr LLP on

Recently, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit brought against a foreclosure firm—Reimer, Arnovitz, Chernek & Jeffrey (the Reimer firm)—under the Fair Debt Collection Practices...more

FHFA announces reopening and second extension of comment period for LEP RFI

by Ballard Spahr LLP on

The Federal Housing Finance Agency has announced that it has reopened and extended until September 1, 2017 the comment period on its Request for Input on improving language access in mortgage lending and servicing.  The FHFA...more

DOJ invited to participate in Ocwen’s challenge to CFPB’s constitutionality

by Ballard Spahr LLP on

A Florida federal district court has granted the motion filed by Ocwen Financial Corporation to invite the U.S. Attorney General to express the AG’s views on the CFPB’s constitutionality....more

CFPB Provides First Look at the HMDA Portal

by Ballard Spahr LLP on

On August 3, 2017, the Consumer Financial Protection Bureau (CFPB) provided the mortgage industry with a first look at the portal to be used for the reporting of, and public access to, data under the Home Mortgage Disclosure...more

Montana Revises Licensing Provisions

by Ballard Spahr LLP on

The Montana Department of Administration has amended its regulations regarding mortgage broker and loan originator licensing, including, but not limited to, the following...more

2017's Top Five Consumer Complaints to the CFPB (So Far)

by Baker Donelson on

Despite continued efforts in Congress to curtail the scope of the CFPB, the Bureau continues to move ahead with issuing new regulations, conducting investigations and initiating enforcement actions. As part of its efforts,...more

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