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Mortgages › Banking Sector

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Nutter McClennen & Fish LLP

Nutter Bank Report: July 2024

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The federal banking agencies have published joint guidance for banks about risks posed by fintech companies and other third parties to deliver bank deposit products and services. The joint guidance issued on July 30...more

McGlinchey Stafford

New York Court Finds Mortgage Loan Made to Corporate Entity is “Consumer Credit Transaction” Under Truth in Lending Act

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On July 8, 2024, the United States District Court for the Eastern District of New York held that a mortgage loan from a private lender was within the scope of the Truth in Lending Act (TILA) and Home Ownership and Equity...more

Orrick, Herrington & Sutcliffe LLP

CFPB addresses its commitment to ensuring a fair mortgage market

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Recently, the CFPB released a blog post to remind mortgage lenders of its commitment to maintaining a fair, competitive, and nondiscriminatory market. The CFPB’s research found a small group of lenders and loan originators...more

Orrick, Herrington & Sutcliffe LLP

FHFA approves Freddie Mac's second mortgage pilot

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On June 20, FHFA conditionally approved a limited pilot program for Freddie Mac to begin purchasing certain single-family closed-end second mortgages. This decision came after implementing a new approval process for products...more

Orrick, Herrington & Sutcliffe LLP

Ohio allows dual capacity in real estate transactions

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Recently, the Ohio Division of Financial Institutions released a letter to repeal prior guidance banning mortgage professionals from acting as both a mortgage professional and a real estate agent in the same transaction. This...more

Nutter McClennen & Fish LLP

Nutter Bank Report: June 2024

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The CFPB, as part of its initiative to accelerate the shift to open banking in the United States, issued a final rule on June 5 that outlines the qualifications to become a recognized industry standard setting body, which can...more

Bradley Arant Boult Cummings LLP

A Commentary On the Viability of Insured Attorney Opinion Letters as an Alternative To Title Insurance

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With Fannie Mae, Freddie Mac and others embracing attorney opinion letters (AOLs) as an alternative to title insurance for residential mortgages, Bradley’s Title Insurance Claims & Title Defect Curative Practice Group took a...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2024

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Headlines 1. Supreme Court Upholds the Constitutionality of the CFPB’s Funding Structure The Supreme Court has ruled that the statutory authorization that allows the CFPB to draw funds from the earnings of the Federal Reserve...more

Orrick, Herrington & Sutcliffe LLP

FSOC releases report on nonbank mortgage servicing

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On May 10, the Financial Stability Oversight Council (FSOC) released a report analyzing the growing nonbank mortgage servicing sector. The report discussed the sector’s significant market share, strengths and vulnerabilities...more

Hudson Cook, LLP

CFPB Bites of the Month - April 2024 - Won't Get Fooled Again, CFPB

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In this month's article, we share some of our top "bites" covered during the April 2024 webinar....more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - April 2024

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Editor's Note The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically...more

Sheppard Mullin Richter & Hampton LLP

CFPB Announces Update in Continued War on Mortgage Servicing Junk Fees

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On April 24, the CFPB released its latest edition of Supervisory Highlights detailing the agency’s actions taken to combat “junk fees” it alleges are charged by mortgage servicers. This spotlight on fees in mortgage servicing...more

Bradley Arant Boult Cummings LLP

The Case For Overturning Florida Foreclosure Ruling

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In an opinion written in under 1,000 words, Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. U.S. Bank National Association in February. Originally published in...more

Blake, Cassels & Graydon LLP

Budget fédéral 2024 : Points saillants relatifs au secteur des services bancaires et financiers

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Le 16 avril 2024, la vice-première ministre et ministre des Finances du Canada, Chrystia Freeland, a dévoilé le budget fédéral de 2024 (le « Budget 2024 »). Intitulé « Une chance équitable pour chaque génération », le Budget...more

Blake, Cassels & Graydon LLP

2024 Federal Budget: Banking, Financial Services Highlights

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On April 16, 2024, Canada’s Deputy Prime Minister and Finance Minister Chrystia Freeland unveiled Budget 2024 (Budget). The Budget, titled “Fairness for every generation,” sets out the federal government’s policy initiatives...more

Orrick, Herrington & Sutcliffe LLP

Kentucky enacts two bills: one on unlawful trade practices and another on mortgage liens

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On April 9, Kentucky enacted HB 488 (the “Bill”) which will establish when a county clerk admits any amendment, renewal, modification, or extension of a recorded mortgage to record. The Bill will also establish when a county...more

Hudson Cook, LLP

CFPB Bites of the Month - March 2024 - Here Comes the Sun and the CFPB

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In this month's article, we share some of our top "bites" covered during the March 2024 webinar. Bite 10: CFPB Issues Statement on Privacy and Personal Data - On February 28, 2024, the CFPB issued a statement on...more

Orrick, Herrington & Sutcliffe LLP

OCC releases Q4 report on first-lien mortgage performance

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On March 19, the OCC released a report on the performance of first-lien mortgages in the federal banking system during the fourth quarter of 2023. According to the report, 97.2 percent of mortgages included in the report were...more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - February 2024 - 3

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Editor's Note: The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically...more

Nutter McClennen & Fish LLP

Nutter Bank Report: February 2024

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The U.S. Department of Justice (DOJ) and state authorities have agreed to a consent order with a large national bank to resolve allegations that the bank engaged in a pattern or practice of lending discrimination by affecting...more

A&O Shearman

Key Regulatory Topics Weekly Update 16 February to 22 February 2024

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Of particular note this week in the EU, the Council adopted the legislative package to strengthen market data transparency which includes changes to the EU’s trading rules on market data, payment for order flow and commodity...more

Locke Lord LLP

The Supreme Court Is Asked to Clarify ‎the Scope of NBA Preemption in Cantero v. Bank of ‎America

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The Supreme Court is poised to resolve a circuit court split on whether the National Bank Act (“NBA”) preempts state laws requiring national banks to pay interest on mortgage escrow accounts. Cantero, et al. v. Bank of...more

Whitman Legal Solutions, LLC

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

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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

Alston & Bird

European Enforcement Guide

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In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...more

Orrick, Herrington & Sutcliffe LLP

District Court denies stay of CFPB case against lender

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On January 12, the U.S. District Court for the Southern District of Florida denied a defendant-mortgage lender’s motion to stay a case filed by the CFPB. The defendant argued that judicial economy—the preservation of the...more

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