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Consumer Financial Protection Bureau (CFPB) Real Estate Settlement Procedures Act Real Estate Market

Foley & Lardner LLP

Pay-to-Play in the CFPB’s Cross-Hairs: Digital Mortgage Comparison-Shopping Platforms under RESPA Scrutiny

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The Consumer Financial Protection Bureau (CFPB) ended a more than decade-long hiatus since the last formal guidance regarding Section 8 of the Real Estate Settlement Procedures Act (RESPA) on February 7, 2023, by issuing its...more

Buchalter

CFPB Withdraws Former Marketing Services Agreement Guidance; Issues New Frequently Asked Questions Regarding RESPA Section 8 and...

Buchalter on

On October 7, the Consumer Financial Protection Bureau (CFPB) took steps to clarify its interpretation of how settlement service providers may comply with the “no kickback” and “unearned fee” provisions of Section 8 of the...more

McGuireWoods LLP

Court Refuses to Dismiss Claim Based on Allegations that a Real Estate Marketing Company’s Co-Marketing Program Violated RESPA’s...

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A federal district court recently refused to dismiss a complaint alleging that a real estate marketing company operated its “co-marketing program” among real-estate agents and mortgage lenders in a manner that violated the...more

Manatt, Phelps & Phillips, LLP

Co-marketing Program May Violate RESPA, Court Rules

Ruling on an amended complaint, a Washington federal court refused to dismiss a securities class action alleging that Zillow’s co-marketing program violated the Real Estate Settlement Procedures Act (RESPA). The order was...more

Ballard Spahr LLP

Zillow Successful in Lawsuit Triggered by CFPB Investigation

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As we reported previously, in June 2018 Zillow Group (Zillow) announced that it is no longer under investigation by the CFPB for Real Estate Settlement Procedures Act (RESPA) and UDAAP compliance with regard to its...more

Ballard Spahr LLP

CFPB ends investigation of Zillow

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In a SEC filing dated June 22, 2018, Zillow Group announced that it is no longer under investigation by the CFPB for RESPA and UDAAP compliance with regard to its co-marketing program.  Zillow Group had disclosed the...more

Ballard Spahr LLP

CFPB investigating Zillow for RESPA compliance

Ballard Spahr LLP on

For years many industry participants wondered if allowing their real estate agents or loan officers to engage in co-marketing on Zillow Group applications and websites posed a risk to their companies under RESPA. The...more

Foley & Lardner LLP

The CFPB's Prospect RESPA Consent Orders: Eight Key Takeaways

Foley & Lardner LLP on

The Consumer Financial Protection Bureau (CFBP) on January 31, 2017, issued consent orders settling enforcement claims that a major mortgage lender violated the Real Estate Settlement Procedures Act (RESPA) in connection with...more

Ballard Spahr LLP

CFPB Publishes Updated Versions of Small Entity Compliance Guide and Guide To Forms

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The CFPB has posted on its TILA-RESPA implementation webpage updated versions of its Small Entity Compliance Guide and Guide to Loan Estimate and Closing Disclosure Forms.  The updates focus on various guidance provided in...more

Bradley Arant Boult Cummings LLP

Marketing Services Agreements Pose Grave Compliance Risk – Mortgage and Real Estate Industry on Notice

The CFPB issued Compliance Bulletin 2015-05 (Bulletin) today, which sets forth its position concerning the use of Marketing Services Agreements (MSAs) by mortgage companies and settlement service providers. Importantly, the...more

MoFo Reenforcement

CFPB Watch: MSAs Going the Way of Arbitration Clauses?

MoFo Reenforcement on

Following a now familiar approach, the CFPB issued a bulletin today that suggests deep disapproval of an entirely legal practice. This time, its target is marketing servicing agreements (MSAs), which are agreements that...more

Bilzin Sumberg

Wells Fargo Ends Marketing Services Arrangements with Builders

Bilzin Sumberg on

Concerned about “increasing uncertainty surrounding regulatory oversight of these types of arrangements,” Wells Fargo is ending all of its roughly 200 mortgage marketing services and desk rental agreements with builders and...more

K&L Gates LLP

Against the Tide: A New Take on RESPA’s Section 8(c)(2) Safe Harbor by the CFPB

K&L Gates LLP on

Grab a flotation device – the final decision recently issued by Director Richard Cordray of the Consumer Financial Protection Bureau (“CFPB”) in the administrative enforcement proceedings against PHH Corp....more

Carlton Fields

CFPB Reports Continued Mortgage Servicing and Other Violations of Consumer Financial Law

Carlton Fields on

In its Supervisory Highlights recently released, which cover the period from January to April 2015, the Consumer Financial Protection Bureau (“The Bureau”) reported its examination observations in consumer reporting, debt...more

Stinson - Corporate & Securities Law Blog

CFPB Plans Delay of Know Before You Owe Rule

Residential mortgage originators struggling to meet the August 1, 2015 implementation date for the new Truth-in-Lending RESPA Integrated Disclosure Rule received a reprieve yesterday. CFPB Director Richard Cordray issued...more

Ballard Spahr LLP

CFPB “Final” TRID Webinar

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The CFPB staff held a “final” webinar on May 26, 2015, to address the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule that becomes effective on August 1, 2015. Presumably the...more

Ballard Spahr LLP

Does Director Cordray Fully Appreciate the Implications of the TRID Rule?

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Statements made by CFPB Director Richard Cordray to the National Association of Realtors on May 12, 2015, suggest that the Director may not fully appreciate the implications of the TILA/RESPA Integrated Disclosure (TRID) rule...more

K&L Gates LLP

The CFPB Weighs in on Marketing Services Agreements

K&L Gates LLP on

The Consumer Financial Protection Bureau (“CFPB”) has, for the first time, publicly expressed views on marketing services agreements (“MSAs”) under Section 8 of the Real Estate Settlement Procedures Act (“RESPA”). After...more

Manatt, Phelps & Phillips, LLP

CFPB Fines Real Estate Company $500,000 For RESPA Violations

The Consumer Financial Protection Bureau (CFPB) ordered the largest real estate company in Alabama to pay $500,000 for allegedly inadequate disclosures to consumers during the home-buying process....more

Goodwin

CFPB Takes Enforcement Action for Violations of RESPA’s Kickback Provisions

Goodwin on

The CFPB announced it had entered into a consent order with a mortgage lender for violations of Section 8 of the Real Estate Settlement Procedures Act. Section 8 generally prohibits receiving kickbacks, fees, or anything of...more

Ballard Spahr LLP

CFPB settles RESPA referral fee charges against mortgage lender based on rent payments

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The CFPB has announced that it has issued a Consent Order to settle charges that a mortgage lender and its principal violated RESPA Section 8 by paying illegal kickbacks to a bank in exchange for mortgage loan referrals. ...more

Goodwin

CFPB Files Complaint Alleging Violations of RESPA

Goodwin on

Based on an investigation by HUD beginning more than two years ago, the CFPB filed a complaint in the United States District Court for the Western District of Kentucky against a law firm that provides settlement services...more

Stinson - Corporate & Securities Law Blog

CFPB Takes Action Against Real Estate Kickbacks Under RESPA

The CFPB has ordered a Texas homebuilder, Paul Taylor, to surrender more than $100,000 he received in kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company. ...more

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