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OCC’s Final “True Lender” Rule Takes Effect

A&B ABstract: On October 27, 2020, the Office of the Comptroller of the Currency (“OCC”) issued a noteworthy final rulemaking that sets forth when a national bank or federal savings association originates a loan and is deemed...more

Colorado Court Rejects “Valid When Made” Doctrine

A&B Abstract: As we have previously reported, effective August 3 the Office of the Comptroller of the Currency’s (“OCC”) has issued a final rule affirming the “valid-when-made” doctrine while dismissing the Second Circuit...more

OCC Rule Affirms Valid-When-Made Doctrine

A&B ABstract: On May 15, the Office of the Comptroller of the Currency (“OCC”) issued a final rule, effective August 3, 2020, addressing the “valid-when-made” doctrine. ...more

6/8/2020  /  Loans , OCC , Valid When Made Doctrine

CFPB Director Provides Update Relating to QM Patch Expiration

A&B ABstract: A recent letter from Consumer Financial Protection Bureau (“CFPB”) Director Kathleen Kraninger provides clues about the potential future of the so-called “QM Patch.”...more

New York Overhauls Mortgage Loan Servicer Business Conduct Regulations

New York’s amended mortgage loan servicer regulations are a substantial departure from previous versions and could go beyond federal rules. Our Financial Services & Products Group delves into technicalities and ramifications...more

Agencies Raise Appraisal Threshold Exemption

A&B ABstract: A new rule from the federal banking regulators reduces the number of residential mortgage transactions for which an appraisal is required. ...more

10/4/2019  /  Appraisal , Exemptions , FDIC , FIRREA , Mortgages

CFPB Rules Permit Qualified Mortgage “Cures”

A&B Abstract: What happens when a proposed qualified mortgage is later discovered to have points and fees in excess of the statutory threshold? ...more

QM Patch Update: CFPB Proposes to Let Patch Expire

A&B Abstract - The CFPB has issued an Advance Notice of Proposed Rulemaking regarding the fate of the “QM Patch,” indicating that it will not extend the “QM Patch” permanently....more

Structured Finance Spectrum - July 2019

It’s hot out there and the market’s even hotter! Cool off with the latest issue of the Structured Finance Spectrum, our newsletter featuring what’s new and newsworthy in structured finance. ...more

The Fate of the QM Patch

A&B Abstract: With the January 2021 expiration of the so-called “QM Patch” looming, what courses of action are available to the CFPB?...more

Residential Mortgage Lender Survives ATR/QM Challenge

Sometimes common sense rules the day. Our Financial Services & Products Group discusses a case of first impression in Ohio that will allow the mortgage industry to rely on the Consumer Financial Protection Bureau’s...more

California Consumer Loans Exempt from Usury May Be Deemed “Unconscionable”

Our Financial Services & Products Group delves into why a little-noticed California Supreme Court ruling could cause providers of financial consumer products in California serious headaches. - Can the interest rate render...more

Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our...more

Structured Finance Spectre - October 2018

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the...more

CFPB Eliminates the Black Hole That Has Plagued the Mortgage Industry

The Consumer Financial Protection Bureau comes through with a solution to a particularly vexing disclosure rule. Our Financial Services & Products Group shines some light on the new TRID Rule that solves several problems but...more

Pennsylvania Offers Clarity for Holders of Mortgage Servicing Rights

Our Financial Services & Products Group summarizes Pennsylvania’s answers to frequently asked questions about its new licensing requirements for mortgage servicers. - Definition of “mortgage servicer” - The FAQs -...more

What Can Be Expected in Structured Finance and Securitization for 2018?

A continuation of the market trends from last year can be expected in 2018. Structured finance and securitization markets had a period of relative calm in 2017 as new regulations were incorporated into transactions. While no...more

Texas Home Equity Loan Amendments Enacted

Texans approved a constitutional amendment changing the state’s home equity loan landscape beginning January 1. Our Financial Services & Products Group examines the new law and its implications and limitations....more

MSR Holder Sanctioned for Not Holding Requisite State License

On November 2, 2017, the Arkansas Securities Commissioner (ASC) issued a consent order against a financial services company for purchasing and holding “master servicing rights” (commonly referred to as mortgage servicing...more

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