The CFPB has issued guidance that provides states may use the Uniform State Test (UST) developed by the Nationwide Mortgage Licensing System and Registry (NMLSR) to satisfy the testing requirement of the Secure and Fair...more
The CFPB announced earlier this week that it has established a “framework” with the Conference of State Bank Supervisors (CSBS) for coordination among the CFPB and state regulators on supervision and enforcement matters....more
In keeping with its promise to provide further guidance to the industry on the recent mortgage loan rules, the Consumer Financial Protection Bureau recently proposed clarifications and changes to the...more
The Maryland Court of Appeals has ruled in Deutsche Bank National Trust Co., Trustee v. Brock that a servicer possessing an original promissory note endorsed in blank — the most common type of endorsement for thousands of...more
In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit...more
3/21/2013
/ Amount in Controversy ,
CAFA ,
Class Action ,
Data Protection ,
Debt Collection ,
FDCPA ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Homeowners Association (HOA) ,
Licenses ,
Liens ,
Mobile Payments ,
Mortgages ,
Privity of Contract ,
Res Judicata ,
Robo-Signing ,
SCOTUS ,
Uniform State Test
In This Issue:
- Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules
- Bipartisan Policy Center Proposes New Directions for National Housing Policy
- FTC...more
In This Issue:
- MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules
- Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging...more
2/21/2013
/ Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collectors ,
Deed of Trust ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Fair Lending ,
Fraud ,
Information Sharing ,
Interest Rates ,
Licenses ,
MERS ,
Mortgage Loan Originators
A borrower can bring a lawsuit seeking rescission more than three years after loan consummation as long as the borrower has sent a written notice of rescission within the three-year period, the U.S. Court of Appeals for the...more
In This Issue:
- Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit
- Industry Employers Should Prepare Now for Health Care Reform
- Title...more
2/6/2013
/ Affordable Care Act ,
Agents ,
Canning v NLRB ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Discrimination ,
ECOA ,
Employer Group Health Plans ,
Equal Access to Credit ,
FFIEC ,
Healthcare ,
Insurance Agents ,
Negligence ,
NLRB ,
Pay or Play ,
Race Discrimination ,
Recess Appointments ,
Richard Cordray ,
Social Media ,
Title Examination ,
Title Insurance ,
Underwriting
The Consumer Financial Protection Bureau has issued a final rule to implement Dodd-Frank amendments to the Equal Credit Opportunity Act that require creditors to provide to a first lien mortgage applicant a copy of all...more
In This Issues:
- CFPB Generates Flurry of New Mortgage Banking Industry Rules
- CFPB Issues Final ECOA Appraisal Rule
- 20 State Agencies Adopt Uniform State MLO Testing
- Mortgage Foreclosure Is Debt...more
The CFPB has issued a final rule to incorporate Dodd-Frank requirements into the existing Regulation Z loan originator compensation rule that applies to mortgage loans....more
Today, the federal financial institution agencies (the FDIC, Fed, OCC, and NCUA), the CFPB, and the Federal Housing Finance Agency adopted a joint final rule to implement Dodd-Frank appraisal requirements for higher-priced...more
The CFPB today issued its final rules implementing provisions of the Dodd-Frank Act that relate to mortgage servicing, which will take effect on January 10, 2014....more
On January 10, 2013, the CFPB issued a final high-cost loan rule under Dodd-Frank that includes a modified version of a proposal that will temporarily avoid a crisis with FHA loans....more
The CFPB has issued its long-awaited ability to repay/qualified mortgage rule, and at first glance, it appears to warrant cautious optimism for the mortgage industry....more
Among other final rules published on January 10, 2013, the CFPB issued its final mortgage escrow account rule under a section of the Dodd-Frank Act relating to the establishment of mandatory escrow accounts on higher-priced...more
In This Issue:
- Ohio Enacts the Nation's First Transitional MLO Licensing Law for Out-of-State MLOs
- Noted Data Security and Privacy Attorney Amy Mushahwar Joins Ballard Spahr
- Information Security...more
Last week, the CFPB issued a Statement of Intent that describes its plans for sharing information about nonbanks with state banking and financial service regulators (“State Regulators”) and coordinating supervisory and...more
In This Issue:
- CFPB and FTC Announce Joint Action Against Mortgage Advertisers
- Temporary Exemptions Adopted for Mortgage Disclosures
- Fourth Circuit Rejects FDCPA Challenge to Prerecorded Calls Seeking...more