Jonathan Foxx – Lenders Compliance Group

“A” is for Abusive

Financial institutions and other market participants have struggled to understand how the Consumer Financial Protection Bureau defines "abusive" conduct, but a series of enforcement actions has shown that the bureau intends to…more

A Hermeneutical Approach to State Advertising

We are often asked about what is or is not permitted in nonbank advertisements. Many people are aware of the federal guidelines set forth in Regulation Z, the implementation regulation of the Truth in Lending Act. However,…more

Closing Disclosure: Deep Dive – Page Three

This is the fifth article of a six-part series devoted to TILA-RESPA Integration Disclosure. Although the series, structured as White Papers, was initially established with four parts, I have added a fifth Part and a sixth part…more

The New Settlement Cost Booklet

Every once in a while we are asked about “the home buying information booklet,” as the Bureau has charmingly euphemized it, though it is known throughout the residential mortgage banking industry as the Special Information…more

Age, with his stealing steps, hath clawed me in his clutch!

Consider a scenario in which an elderly individual, let’s say a well-known writer who published only one novel, a famous novel, had always relied on her sister, a lawyer, to take care of her legal needs. Only one novel!…more

Closing Disclosure: Deep Dive – Pages One and Two

This is the fourth article of a six-part series devoted to TILA/RESPA Integration Disclosure. Although the series, structured as White Papers, was initially established with four parts, I have added a fifth and sixth part to…more

Attorney Immunity – Unshielded for Fraud

A contestant in the Longest Prison Term Sweepstakes is Robert Allen Stanford. If you recall, Stanford was a bon vivant, self-made billionaire – “self-made,” that is, through making his money by having his foreign bank sell…more

Flipped Out!

Over the years, I have seen many variations of mortgage fraud. As soon as one scheme is thwarted, another seems to take its place. One particular flipping scheme[i] being currently adjudicated, involving sixty properties (sic),…more

What is a Compliance Management System?

Nary a week goes by that I do not talk to somebody about the concept of a Compliance Management System, or "CMS" for short. Now made famous by the CFPB's examination protocol, the CMS has become the sine qua non for federal and…more

PHH appeals its Kickback Penalty

PHH Corp., the company made famous recently for its alleged mortgage insurance kickback scheme, is taking on the Behemoth Bureau with an attempt to overturn its $109 million penalty. The theory? That the Bureau’s ruling was an…more

Attorney Immunity – Unshielded for Fraud

I have always been a consumer advocate. Compliance and consumer advocacy are cemented together. We simply can’t have one without the other. However, sometimes a zealous regulator can go too far, even for the best of…more

Loan Estimate: Deep Dive

I plan to take you solely through the Loan Estimate in considerable detail. I will discuss salient highlights of the Loan Estimate, though I caution you to realize that this review is not exhaustive or comprehensive, given that…more

Right of Rescission after Jesinoski v Countrywide

In a unanimous opinion, the Supreme Court held that providing a notice of rescission within the three-year period is timely and sufficient to trigger rescission within the meaning of 15 USC § 1635(f), the operative…more

The Lead Generation Company: Managing the Risks

Generating leads is an important way to reach consumers. It is also fraught with regulatory risk. A lead is consumer information that signals consumer interest or inquiry into products or services offered by a business, such as…more

TILA versus TILA: Resolved in Favor of Consumers!

On September 2, 2014, I published an article, entitled “TILA versus TILA: Rescission by Notice or Lawsuit.” The US Supreme Court has just ruled today in favor of the consumer! The litigation I discussed, specifically, was…more
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Long Beach, New York 11561, United States

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