Ballard Spahr LLP

President Obama to sign Housing Opportunities through Modernization Act of 2016

On July 19, 2016, bill H.R. 3700, more commonly known as the Housing Opportunities through Modernization Act of 2016 (“HOTMA”), was presented to President Obama for signature after being unanimously approved by the U.S. Senate…more
| Elections & Politics, Real Estate - Residential

Nevada Supreme Court Accepts Certified Question in HOA Lien Litigation Case – Should the SFR Decision Apply Retroactively?

We previously reported on the Nevada Supreme Court’s decision in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A., holding that a homeowners association (HOA) lien is a true super-priority lien that upon foreclosure extinguishes…more
| Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

CFPB and Fed propose new Regs M and Z commentary on adjustments to exemption thresholds

The CFPB and Federal Reserve Board have proposed amendments to their official Regulations Z and M staff commentaries to memorialize the calculation method used by the agencies each year to adjust the thresholds for exempt…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Real Estate - Residential, Securities Law

Dept. of Education announces federal student loan policy direction

The Department of Education has released a memorandum to provide policy direction for the new federal student loan “state-of-the-art loan servicing ecosystem” that the ED is currently procuring. According to the memorandum, ED…more
| Consumer Protection, Education, Finance & Banking

CFPB touts initiatives in “fact sheets”

To commemorate its fifth anniversary, the CFPB released a series of “fact sheets” touting its initiatives. The “fact sheets” consist of the following: CFPB: By the numbers. The CFPB lists various statistics, such as…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Real Estate - Residential

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 for…more
| Energy & Utilities, Finance & Banking, Real Estate - Residential

CFPB to Hold Second Research Conference

The Consumer Financial Protection Bureau (CFPB) has announced that it plans to host its second research conference on consumer finance on December 15-16, 2016. (The first such conference was held in May 2015.)…more
| Commercial Law & Contracts, Consumer Protection, Education, Finance & Banking, Real Estate - Residential

CFPB extends comment deadline for payday loan proposal

The CFPB’s proposed payday loan rule and related Request for Information (RFI) were published in this past Friday’s Federal Register.  The RFI seeks feedback regarding consumer protection concerns pertaining to (1) loan products…more
| Communications & Media Law, Consumer Protection, Finance & Banking

OCR Announces First HIPAA Enforcement Action against a Business Associate

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced an agreement with Catholic Health Services of the Archdiocese of Philadelphia (CHCS), settling allegations that CHCS violated the Health…more
| Commercial Law & Contracts, Communications & Media Law, Health, Privacy, Science, Computers, & Technology

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
| Consumer Protection, Finance & Banking, Real Estate - Residential

Democratic Senators want stronger payday loan rule

A group of 27 Democratic Senators joined by Independent Senator Bernie Sanders have sent a letter to Director Cordray urging the CFPB to “strengthen” its proposed payday loan rule. The Senators take aim at the proposal’s…more
| Communications & Media Law, Consumer Protection, Elections & Politics, Finance & Banking

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

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
| Consumer Protection, Finance & Banking, Real Estate - Residential

NLRB Decision Potentially Expands "Perfectly Clear" Successorship Rule

The National Labor Relations Board (NLRB) issued a decision in Nexeo Solutions, LLC earlier this week, ruling that the buyer in an asset purchase of the seller’s business was a "perfectly clear" successor. As a result, the NLRB…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions

A fifth anniversary for the CFPB

Today, July 21, 2016, marks the fifth anniversary of the date on which the CFPB officially opened its doors for business. Since then, the CFPB has embarked on unprecedented initiatives that have dramatically changed the face of…more
| Finance & Banking, Consumer Protection

CFPB announces leadership changes

The CFPB has announced the following senior leadership changes: - Chris D’Angelo will serve as the CFPB’s Associate Director for Supervision, Enforcement and Fair Lending. He will replace David Bleicken. Mr. D’Angelo is…more
| Consumer Protection, Finance & Banking
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