Loans, Mortgages | JD Supra Law News

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

by Loeb & Loeb LLP on 5/22/2013

The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more

Indiana Revises Numerous Licensing, Consumer Credit, And Banking Provisions

by BuckleySandler LLP on 5/22/2013

On May 9, Indiana enacted HB 1081, which makes numerous changes to the state’s consumer lending, licensing, and banking laws....more

HUD Issues Series Of Mortgagee Letters

by BuckleySandler LLP on 5/21/2013

Over the past week, HUD issued numerous mortgagee letters applicable to single-family mortgagees....more

What Factors Establish The Lien Priority Of A Refinanced Loan?

by Valerie Marciano | Jaburg Wilk on 5/17/2013

The legal doctrine of "equitable subrogation" has recently become familiar to lenders who refinanced or will be refinancing existing loans secured by real property....more

Notes from CFPB Education Conference for State Attorneys General

by Reid Herlihy | Ballard Spahr LLP on 5/13/2013

The George Mason University School of Law, Law & Economics Center recently hosted a conference titled “Understanding the Consumer Financial Protection Bureau,” through GMU’s Attorneys General Education Program. Founded in...more

Fannie Mae Releases Loan Performance Data

by BuckleySandler LLP on 5/9/2013

On April 30, Fannie Mae released loan performance data on a portion of its single-family mortgage loans, which includes a subset of Fannie Mae’s 30-year, fully amortizing, full documentation, single-family, conventional...more

Banking & Financial Services E-Note - April 25, 2013

by John Chiles, Benjamin Coulter, Bryan Glover, John Michael Kearns, Mignon Lunsford, Zachary Miller, Jordan Teague | Burr & Forman on 4/26/2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank...more

State Law Update: Tennessee, Kansas Update Mortgage-Related Provisions

by BuckleySandler LLP on 4/23/2013

On April 11, Tennessee enacted HB 160, a bill that makes certain minor changes to the state’s mortgage licensing law. The bill removes current licensing exemptions for (i) a person who owns a vacant tract of real property...more

American Bankers Association Real Estate Lending Conference - Qualified Mortgages: A Sea Change For Mortgage Lenders

by Robert H. Ledig, Thomas P. Vartanian | Dechert LLP on 4/16/2013

In This Presentation: - The Qualified Mortgage (QM) Rule - Small Creditor QM Proposal - The Ability-to-Repay (ATR) Rule: What It Says and What It Means - Liability for Failure to Comply with the ATR and QM...more

CFPB proposes amendments to final mortgage escrow account rule

by Richard J. Andreano, Jr. | Ballard Spahr LLP on 4/16/2013

The CFPB has proposed amendments to its final mortgage escrow account rule dealing with the establishment of mandatory escrow accounts on higher-priced mortgage loans (HPML). According to the proposal’s supplementary...more

The Sixth Circuit On Why A False Statement Charge In A Real Estate Scheme Requires More Than Just A Misleading Check

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 4/16/2013

Bernard Kurlemann may have done many things - he borrowed millions to build a pair of houses in Mason, Ohio, for example - but he did not make a false statement to a bank....more

CFPB Releases Public Complaint Database

by Jeffrey M. Werthan | Katten Muchin Rosenman LLP on 4/11/2013

On March 28, the Bureau of Consumer Financial Protection (CFPB) announced the release of a public database of federal consumer financial complaints with information on more than 90,000 individual complaints on financial...more

Rogers Towers: Transfers of Real Property for Estate Planning and Other Purposes and Their Effect on the Mortgage Lender

by Douglas L. Waldorf, Jr. | Rogers Towers on 4/9/2013

I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has requested permission to transfer the collateral real property to another entity. These requests commonly are made for estate...more

CFPB Expands Public Consumer Complaint Database

by Barbara S. Mishkin | Ballard Spahr LLP on 4/5/2013

The Consumer Financial Protection Bureau has expanded its public Consumer Complaint Database to include complaints about mortgages, bank deposit products and services, student loans, and other consumer loans (which category...more

CFPB Expands Public Consumer Complaint Database

by John L. Culhane, Jr., Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 4/1/2013

The Consumer Financial Protection Bureau has expanded its public Consumer Complaint Database to include complaints about mortgages, bank deposit products and services, student loans, and other consumer loans (which category...more

Financial Services Legislative And Regulatory Update -- March 25‚ 2013

by Abby Matousek, Jason M. Rosenstock | Mintz Levin - Public Finance on 3/26/2013

In This Issue: Leading the Past Week; Legislative Branch; Executive Branch; and Upcoming Hearings. Excerpt from Leading the Past Week - Members rushed out of town at the end of last week for a two-week...more

You Need to Pay Attention to the Consumer Financial Protection Bureau

by Rich Benenson, Eric Berg, Jeffrey Rugg, Jonathan Sandler | Brownstein Hyatt Farber Schreck on 3/21/2013

For those companies who pay attention to the always evolving regulatory environment as we do at Brownstein Hyatt Farber Schreck, you have likely heard the debate regarding the validity of rules promulgated by organizations...more

A Loan Enforcement e-Newsletter - Missouri Foreclosures: A Changing Landscape?

by Brett Anders, Michael A. Campbell | Polsinelli on 3/15/2013

In This Issue: - Missouri Foreclosures: A Changing Landscape? - Missouri Law on Non-Judicial Foreclosure: A Primer Measuring Deficiencies Under Missouri Law - Fischer & Frichtel - Sunrise Farms -...more

Jumbo Mortgages Boost Luxury Home Sales

by Schecter Law on 3/12/2013

According to the National Association of Realtors, sales of properties worth over $750,000 have considerably increased in the past year. Reuters reports that the recovery in the luxury real estate market is likely attributed...more

Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

by Brian Kilpatrick, Gordon Shapiro | Jackson Walker on 2/20/2013

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home...more

PNC Settles Maternity Leave Mortgage Suit

by Michele Bowman | Lawyers.com on 2/19/2013

PNC settled a lawsuit this month over its refusal of a mortgage loan to a Connecticut couple because the wife was on maternity leave. As part of the settlement, the bank must review the last two years’ worth of mortgage...more

Special Alert: HUD Issues Final Disparate Impact Rule

by BuckleySandler LLP on 2/19/2013

On February 8, HUD issued a final rule authorizing so-called “disparate impact” or “effects test” claims under the Fair Housing Act. The rule provides support for private or governmental plaintiffs challenging housing or...more

CFPB Partners With Newark On Consumer Complaint Hotline

by BuckleySandler LLP on 2/19/2013

On February 7, the CFPB announced that, through a pilot partnership with Newark, New Jersey, the CFPB will accept and respond to questions and complaints about financial products and services posed directly to the Bureau by...more

HUD Proposes Streamlined FHA Inspection And Warranty Requirements, New Jumbo Loan Maximum LTV

by BuckleySandler LLP on 2/15/2013

On February 6, HUD published a proposed rule that would eliminate two regulations in order to streamline the FHA inspection and warranty requirements. HUD proposes to repeal the regulations requiring a FHA-approved inspector...more

2013: The Year Ahead for Mortgage Lending

by Suzanne Fay Garwood | Venable LLP on 2/14/2013

In this presentation: - “Never a Dull Moment” - ATR/QM Final Rule - HOEPA Final Rule - Loan Officer Final Rule - Escrow Final Rule - ECOA Appraisal Disclosure Rule - Appraisals for Higher...more

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Loans › Mortgages

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

Indiana Revises Numerous Licensing, Consumer Credit, And Banking Provisions

HUD Issues Series Of Mortgagee Letters

What Factors Establish The Lien Priority Of A Refinanced Loan?

Notes from CFPB Education Conference for State Attorneys General

Fannie Mae Releases Loan Performance Data

Banking & Financial Services E-Note - April 25, 2013

State Law Update: Tennessee, Kansas Update Mortgage-Related Provisions

American Bankers Association Real Estate Lending Conference - Qualified Mortgages: A Sea Change For Mortgage Lenders

CFPB proposes amendments to final mortgage escrow account rule

The Sixth Circuit On Why A False Statement Charge In A Real Estate Scheme Requires More Than Just A Misleading Check

CFPB Releases Public Complaint Database

Rogers Towers: Transfers of Real Property for Estate Planning and Other Purposes and Their Effect on the Mortgage Lender

CFPB Expands Public Consumer Complaint Database

CFPB Expands Public Consumer Complaint Database

Financial Services Legislative And Regulatory Update -- March 25‚ 2013

You Need to Pay Attention to the Consumer Financial Protection Bureau

A Loan Enforcement e-Newsletter - Missouri Foreclosures: A Changing Landscape?

Jumbo Mortgages Boost Luxury Home Sales

Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

PNC Settles Maternity Leave Mortgage Suit

Special Alert: HUD Issues Final Disparate Impact Rule

CFPB Partners With Newark On Consumer Complaint Hotline

HUD Proposes Streamlined FHA Inspection And Warranty Requirements, New Jumbo Loan Maximum LTV

2013: The Year Ahead for Mortgage Lending

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