News & Analysis as of

Mortgage Servicers Truth in Lending Act (TILA)

Sheppard Mullin Richter & Hampton LLP

CFPB Hits Executive Compensation in Action Against National Mortgage Servicer for Illegal Foreclosure Practices

On August 21, the CFPB entered into a consent order with a nonbank mortgage servicer for mortgage servicing violations and for violating an earlier 2017 CFPB consent order for deficient foreclosure practices. In 2017, the...more

Hudson Cook, LLP

CFPB Takes Action Against Mortgage Servicer for Alleged Order Violations and Servicing Errors

Hudson Cook, LLP on

On August 21, 2024, the CFPB issued a Consent Order against the Company citing alleged failure to provide accurate information about loss mitigation options and improper handling of loan modifications. The Consent Order...more

Goodwin

CFPB Enters Into Consent Order With Mortgage Servicer Resolving Allegations of Improper Foreclosure Practices

Goodwin on

On August 21, 2024, the Consumer Financial Protection Bureau (CFPB)​ announced​ that it entered into a consent order with a​ Florida-based mortgage servicer, resolving allegations related to the mortgage servicer’s...more

Cozen O'Connor

CFPB Launches Inquiry into Fees Imposed as Part of Mortgage Transactions

Cozen O'Connor on

The CFPB has launched an inquiry into so-called “junk fees” charged by mortgage providers and related settlement services, to better understand why closing costs continue to rise and the impact of such fees on borrowers and...more

Hudson Cook, LLP

CFPB Bites of the Month - May 2023 - May I Have Another, CFPB

Hudson Cook, LLP on

In this month's article, we share some of our top "bites" for the prior month covered during the May 2023 webinar....more

Sheppard Mullin Richter & Hampton LLP

4th Circuit: Borrower Must Return Loan Proceeds After Rescission Despite Lender’s Failure to Meet TILA Requirements

Recently, the United States Court of Appeals for the 4th Circuit held that a mortgage servicer’s failure to provide a required disclosure informing borrowers of their three-day right to rescind the loan under the Truth in...more

Alston & Bird

Eleventh Circuit Finds Monthly Mortgage Statement Containing Boilerplate “This Is An Attempt To Collect A Debt” Language...

Alston & Bird on

A&B Abstract: In Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022) a panel of the Eleventh Circuit addressed the question “whether a required monthly mortgage statement that...more

Alston & Bird

Juneteenth Holiday Raises Tricky TRID Disclosure Issues

Alston & Bird on

Creditors will need to remember to take into account the newly recognized Juneteenth holiday when serving notice to consumers. Our Financial Services & Products Group explains this sudden new dynamic and what it means for the...more

Bradley Arant Boult Cummings LLP

The Long Shadow: COVID-19 Continues to Pose Significant Compliance Challenges for Mortgage Servicers

The COVID-19 Pandemic has wreaked havoc on the mortgage servicing industry, putting significant strain on both mortgage servicers and their borrowers. During this pandemic, mortgage servicers are faced with the difficult task...more

Hudson Cook, LLP

CFPB Bites of the Month - December Top 20

Hudson Cook, LLP on

Each month, we host a 30-minute webinar outlining the month's key announcements and takeaways from the CFPB to be considered by financial services providers. It was a particularly busy month at the CFPB, so as an extra...more

Holland & Knight LLP

New Jersey Expands Regulation of Mortgage Servicers

Holland & Knight LLP on

• New Jersey Gov. Phil Murphy signed Assembly Bill A-4997 into law on April 29, 2019, dramatically expanding the state's regulation of residential mortgage servicers. • The law requires nonbank finance companies that...more

White & Case LLP

Consumer financial services: The road ahead: Mortgage origination and servicing

White & Case LLP on

In 2018, the CFPB issued multiple rules, and Congress passed legislation, to clarify, revise and update the regulatory framework applicable to the home mortgage origination and servicing market....more

Spilman Thomas & Battle, PLLC

Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia

Consumers in West Virginia have found a new subject on which to file lawsuits. Within the past couple of years, litigation over reverse mortgages has become a bigger part of consumer lending litigation in West Virginia....more

Shumaker, Loop & Kendrick, LLP

Client Alert: New Loan Servicing Rules Apply to Persons Who Acquire Interest in Mortgaged Property

Lenders and loan servicers need to be aware of some recent amendments to the mortgage servicing rules issued by the Consumer Financial Protection Bureau (CFPB). These amendments have revised certain requirements under RESPA...more

Epiq

CFPB Regulation X and Regulation Z

Epiq on

Halfway through 2018, the amended changes to the Real Estate Settlement Procedures Act (Regulation X) and Truth in Lending Act (Regulation Z) Mortgage Servicing Rules are in full effect. Regulation Z, § 1026.41(f)(3)(iv)...more

BCLP

New Mortgage Servicing Rules for “Successors in Interest”

BCLP on

Effective as of April 19, 2018, successors in interest to property secured by mortgage loans that are covered by the Real Estate Settlement Procedures Act (“RESPA”) and Truth In Lending Act (“TILA”) now have certain rights...more

Smith Debnam Narron Drake Saintsing & Myers,...

Client Alert: CFPB’s Successor in Interest Rules Take Effect April 19, 2018: What You Need to Know

On April 19, 2018, the CFPB’s Successor in Interest Rules take effect. Here’s what you need to know: What do the Successor in Interest Rules require? The Rules are really modifications to the Mortgage Servicing Rules...more

Orrick - Finance 20/20

CFPB Issues Final Rule to Help Mortgage Servicers Communicate With Certain Borrowers Facing Bankruptcy

Orrick - Finance 20/20 on

On March 8, 2018, the Consumer Financial Protection Bureau (“CFPB“) announced a final rule designed to aid mortgage servicers in assisting borrowers dealing with bankruptcy issues while complying with the Truth in Lending...more

A&O Shearman

US House of Representatives Passes Five Bills Affecting Financial Institutions

A&O Shearman on

The US House of Representatives passed five bills focused on regulatory reform for financial institutions. The bills passed by the House include: the Housing Opportunities Made Easier Act (H.R. 2255), which amends the Truth...more

Sullivan & Worcester

October and November Developments

Sullivan & Worcester on

For the first time in my memory, the Congress passed a joint resolution to disapprove a final regulation of a federal agency—in this case the CFPB and the rule was related to arbitration clauses in contracts for consumer...more

Goodwin

CFPB Amends Mortgage Servicing Rule to Facilitate Communications with Borrowers

Goodwin on

On October 4, 2017, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule amending a provision of Regulation X relating to the timing servicers must observe when communicating with borrowers about...more

Goodwin

Mortgage Servicer Enters in to $225 Million Consent Order with California DBO

Goodwin on

On February 17, 2017, the California Department of Business Oversight (California DBO) announced that it had entered in to a $225 million consent order with a national mortgage servicer following an investigation by a...more

Goodwin

Financial Services Weekly News - December 2016 #2

Goodwin on

Editor's Note - In This Issue. While we eagerly await its decision on interest rates, the Fed had a busy week, granting a Volcker Rule extension for illiquid funds, issuing a joint final rule with the FDIC and the OCC...more

McGuireWoods LLP

CFPB Issues Safe Harbors under FDCPA for Mortgage Servicers

McGuireWoods LLP on

On August 4, 2016, in conjunction with issuing the final mortgage servicing rule, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule under the Fair Debt Collection Practices Act (FDCPA). Although a...more

BCLP

Helpful Cases for Mortgage Servicers Attempting to Comply with Mortgage Servicing Regulations After a Bankruptcy Discharge

BCLP on

Mortgage lenders and servicers face several regulations in servicing residential mortgages. There are requirements under the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), the Equal Credit...more

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