“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more
Based on a recent report from the Financial Stability Oversight Council (FSOC), nonbank mortgage companies (NMCs) need to prepare for additional regulatory scrutiny from both state and federal regulators. In the report, FSOC...more
The CFPB released its Supervisory Highlights, Mortgage Servicing Edition on April 24, 2024. These highlights share the CFPB’s findings from supervisory examinations completed between April 1, 2023, and December 31, 2023....more
On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) announced what it heralded as a significant update to its Supervisory Appeals Process. The first of its kind since 2015, this revision introduced a...more
On June 21, 2023, the CFPB released two Data Spotlight reports focused on the Southern states, entitled “Banking and Credit Access in the Southern Region of the U.S.” and “Consumer Finances in Rural Areas of the Southern...more
On June 21, 2023, the CFPB released two Data Spotlight reports focused on the Southern states, entitled “Banking and Credit Access in the Southern Region of the U.S.” and “Consumer Finances in Rural Areas of the Southern...more
Cybersecurity is a looming threat for most businesses. The impact of a major cyber event can resonate for weeks, months, and even years after the initial attack. To mitigate the risks to consumers, there have been several...more
6/7/2023
/ Amended Rules ,
Compliance ,
Cybersecurity ,
Data Disposal Protocols ,
Data Retention ,
Encryption ,
Exemptions ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Incident Response Plans ,
Information Systems Security Program (ISSP) ,
Multi-Factor Authentication ,
Popular ,
Risk Management ,
Safeguards Rule ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Training Requirements
On January 18, 2023, the Consumer Financial Protection Bureau (CFPB) released an updated version of its Mortgage Servicing Examination Manual. As the CFPB described in a corresponding blog post, the manual outlines “the types...more
As a result of the COVID-19 pandemic, businesses experienced a rapid and significant increase in the use of digital technology. Bearing in mind health concerns, as well as business continuity, many businesses began to shift...more
3/15/2022
/ Banking Sector ,
Borrowers ,
Consumer Reporting Agencies ,
Coronavirus/COVID-19 ,
Electronic Identification ,
Financial Crimes ,
Financial Services Industry ,
Fraud ,
Lenders ,
Mortgage Lenders ,
Technology
Over the past decade, financial technology companies (fintechs) have been on the rise, disrupting all segments of the financial industry. Their innovative technology, swift adaptation to market trends, and ability to create...more
Yesterday, the Consumer Financial Protection Bureau (CFPB) released its Fall Supervisory Highlights. The report covers examinations completed between January and June of 2021. Over the last year, the Biden-era CFPB has made...more
Moratoriums on foreclosures due to COVID-19 ended this summer, prompting concerns of a shock similar to the 2008 housing crisis. While there are numerous differences between today and the previous recession, financial service...more
11/1/2021
/ Borrowers ,
Coronavirus/COVID-19 ,
Enforcement ,
Financial Services Industry ,
Foreclosure ,
Investigations ,
Loss Mitigation ,
Mortgage Servicers ,
Popular ,
State Attorneys General ,
Subpoenas
Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables. The polling covers hot topics, including forbearances, deferrals, HUD loss mitigation...more
Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables. The polling covers hot topics, including forbearances, deferrals, HUD loss mitigation...more
5/6/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Credit Reports ,
Deferral Standard ,
Financial Services Industry ,
Forbearance Agreements ,
Foreclosure ,
HUD ,
Mortgage Lenders ,
Mortgages ,
Notarization ,
Polling ,
State and Local Government
Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables. This report is intended to show industry trends, not facts, and does not necessarily...more
12/23/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Credit Reports ,
Creditors ,
Debtors ,
Forbearance Agreements ,
Foreclosure ,
Loan Servicing ,
Loans ,
Mortgage Servicers ,
Mortgages ,
Notarization ,
Polling ,
State and Local Government ,
Tax Deferral
Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables...
The polling results included in this report are the anonymous responses of...more
12/2/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Credit Reports ,
Creditors ,
Debtors ,
Forbearance Agreements ,
Foreclosure ,
Loan Servicing ,
Loans ,
Mortgage Servicers ,
Mortgage Servicing Rules ,
Mortgages ,
Polling ,
State and Local Government ,
Tax Deferral
Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables. This report is intended to show industry trends, not facts, and does not necessarily...more
9/9/2020
/ Borrowers ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Credit Reporting Agencies ,
Deferral Standard ,
Escrow Agreements ,
Financial Distress ,
Forbearance Agreements ,
Foreclosure ,
GSE ,
Interim Final Rules (IFR) ,
Mortgages ,
Third Party Purchaser (TPP)
On June 17, New York Gov. Andrew Cuomo signed one of the most far-reaching COVID-19 mortgage assistance state programs yet into law. Affected servicers and lenders will soon need to decide whether they should find a way to...more
6/23/2020
/ Compliance ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Forbearance Agreements ,
Governor Cuomo ,
Loan Modifications ,
Loss Mitigation ,
Mortgage Lenders ,
Mortgage Servicers ,
Relief Measures
In January 2013, the Consumer Financial Protection Bureau (“CFPB”) issued a number of new final rules to implement amendments to the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), and Equal...more
In January 2013, the Consumer Financial Protection Bureau (CFPB) issued a series of new rules affecting the mortgage industry. These rules touch upon a wide variety of areas, including originations, appraisals, and servicing....more
In a putative class action handled by Robert Maddox, Mike Pennington, and Keith Anderson, the Northern District of Alabama recently dismissed a lawsuit for alleged violations of the Servicemembers’ Civil Relief Act (“SCRA”)....more