News & Analysis as of

Mortgage Brokers

Husch Blackwell LLP

FDIC's Continued Focus on RESPA Section 8 Violations: What Bank and Non-Bank Lenders Should Know

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It is no secret that the Federal Deposit Insurance Corporation (FDIC) actively monitors its banks for compliance with Section 8 of the Real Estate Settlement Procedures Act (RESPA Section 8). However, in its March 2024...more

Husch Blackwell LLP

Why the FDIC's Consumer Compliance Supervisory Highlights Should Be on Your Reading List

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Similar to the Consumer Financial Protection Bureau’s Supervisory Highlights, the Federal Deposit Insurance Corporation (FDIC)’s Consumer Compliance Supervisory Highlights should be on your reading list. While the FDIC has...more

Orrick, Herrington & Sutcliffe LLP

West Virginia updates licensing of mortgage brokers and lenders

On March 26, the Governor of West Virginia signed into law SB 613, a bill that amended certain statutes regarding mortgage broker, lender, and loan originator licensing requirements. The bill updated definitions relating to...more

American Conference Institute (ACI)

[Event] 23rd Annual Canadian Forum on Anti-Money Laundering and Financial Crime - June 5th - 6th, Toronto, Ontario, Canada

Hosted by the Canadian Institute, the 23rd Annual Canadian Forum on Anti-Money Laundering and Financial Crime returns for another exciting year. The event features carefully curated programming providing practical guidance...more

Akin Gump Strauss Hauer & Feld LLP

FTC Requires Non-Banking Financial Institutions to Report Data Security Breaches

Beginning May 11, 2024, non-banking financial institutions regulated by the Federal Trade Commission (FTC) will be required to submit notifications of data breaches or other security events that impact 500+ consumers. The FTC...more

Whitman Legal Solutions, LLC

Redlining Was Outlawed More than 50 Years Ago – Does It Still Continue?

Recently, my son took an online college course about social justice in the as-built environment. One topic in the class was redlining – a practice that limited the availability of affordable home loans for minorities.   ...more

King & Spalding

FTC’s Amended Safeguards Rule Creates Unique Dilemma for Certain Organizations Who Have Experienced a Data Breach

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On May 13, 2024, the FTC’s new rule (the “Rule”) requiring certain financial institutions to report cyber incidents to the Commission will go into effect. The Rule, which is an amendment to the Gramm-Leach-Bliley Act (GLBA)...more

Alston & Bird

Mortgage Industry Update: Washington DFI Holds First Mortgage Industry Webinar of 2024

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A&B Abstract: On January 24th, the Washington Department of Financial Institutions (the “DFI”) conducted its first Mortgage Industry Webinar of 2024 and provided updates in the areas of licensing, examination, and...more

Ballard Spahr LLP

Wisconsin Senate Proposes New Bill to Revise Money Transmission, Consumer Lenders, Collection Agency, and Other Financial Services...

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In November 2023, S.B. 668 was introduced in the Wisconsin Senate. S.B. 668 would make sweeping changes to the state laws governing financial service providers. The bill creates a pathway for the Wisconsin Department of...more

International Lawyers Network

Buying and Selling Real Estate in Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things,...more

Jaburg Wilk

New FTC Rule Expands Reach of Data Breach Notification Requirement to Non-Banking Financial Institutions

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In an amendment to the Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA), which was officially announced on October 27, 2023, the Federal Trade Commission (FTC) will mandate that a wide array of nonbank financial...more

Bricker Graydon LLP

[Event] How to Jumpstart Housing Development in Your Community - November 16th, Chillicothe, OH

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Join Bricker Graydon on November 16th for a free half-day seminar on, “How to Jumpstart Housing Development in Your Community.” Speakers will include Bricker Graydon public finance and political subdivision attorneys in...more

Schwabe, Williamson & Wyatt PC

OP-ED: Build the Right Real Estate Development Team for Your Next Project

Property development can be complicated, and a successful project requires the skills of many professionals. Before starting the hunt for the ideal property, consider first building a real estate development team. Once a...more

Orrick, Herrington & Sutcliffe LLP

Virginia amends remote work requirements

On March 26, the Virginia governor signed HB 2389, which permits mortgage lenders and mortgage brokers to allow employees and exclusive agents to work remotely provided certain conditions are met....more

Ballard Spahr LLP

Bill Proposed in Virginia to Permit Remote Work

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On January 17, 2023, House Bill No 2389 was offered to re-enact sections 6.2-1600 (Definitions) and 6.2-1607 (Licenses; places of business; changes) of the Code of Virginia with proposed amendments that would permit employees...more

Husch Blackwell LLP

District Court Dismisses CFPB's Case against Townstone, Refusing to Extend ECOA Protections to "Prospective Applicants"

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On February 3, the U.S. District Court for the Northern District of Illinois dismissed with prejudice the lawsuit filed by the Consumer Financial Protection Bureau (CFPB) against Townstone Financial, Inc. (Townstone), a...more

International Lawyers Network

Buying And Selling Real Estate In Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more

Bennett Jones LLP

Ontario Court of Appeal Considers Interpretation of “Creditors or Others” Under the Fraudulent Conveyances

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The Ontario Fraudulent Conveyances Act (the FCA), a concise statute of long-standing that traces its history to an English statute of 1571, is intended to prevent conveyances of property made with the intent to defeat,...more

Ballard Spahr LLP

Arizona Mortgage Broker Certificate of Exemption

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Effective September 24, 2022, an Arizona Mortgage Broker applicant may now seek a certificate of exemption through the NMLS from Arizona’s in-state requirement for a Responsible Individual (Arizona Mortgage Broker Responsible...more

Blake, Cassels & Graydon LLP

L’Autorité ontarienne de réglementation des services financiers adopte une directive de cybersécurité

Le 18 août 2022, l’Autorité ontarienne de réglementation des services financiers (l’« ARSF ») – l’organisme de réglementation du secteur des services financiers de l’Ontario – a adopté la directive de cybersécurité du Conseil...more

Blake, Cassels & Graydon LLP

Financial Services Regulatory Authority of Ontario Adopts Cybersecurity Guidance

On August 18, 2022, the Financial Services Regulatory Authority of Ontario (FSRA) – Ontario’s financial sector regulator – adopted the Mortgage Broker Regulators' Council of Canada's Cybersecurity Guidance (Guidance). The...more

Bilzin Sumberg

Are We Done With B2B Lawsuits About Residential Mortgages From the 2000s?

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2021 provided some long-awaited new exit ramps off the long and winding road of business vs. business residential mortgage litigation stemming from the 2007–08 financial crisis. A multitude of recent settlements has left that...more

International Lawyers Network

Buying And Selling Real Estate In Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more

Holland & Knight LLP

New York Imposes Community Reinvestment Act Requirements on Mortgage Bankers

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New York enacted a new law on Nov. 1, 2021, extending the requirements in the state's analog to the federal Community Reinvestment Act (CRA Requirements) to New York-licensed mortgage bankers, thereby becoming the third state...more

Miles & Stockbridge P.C.

Commercial Lender Licensing and Commercial Loan Disclosures in New York

To date, the licensing and disclosure obligations for lenders and brokers of commercial loans, (including commercial mortgage loans and non-real estate-secured commercial or business purpose loans) have not received the...more

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