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Housing Market Industry Group Urges Supreme Court to Preserve CFPB’s Mortgage and Real-Estate Regulations Regardless of...

As the financial services industry continues to monitor the proceedings in Community Financial Services Association of America v. Consumer Financial Protection Bureau, an industry group composed of the Mortgage Bankers...more

FHA issues Mortgagee Letter modifying conflict of interest and dual employment policies

In Mortgagee Letter 2022-22 dated December 15, 2022, the FHA announced updates to its Single Family Housing Policy Handbook (HUD Handbook 4000.1) that modifies its policies governing conflicts of interest and dual employment....more

Trend to watch: New legislation may blur lines between student loan servicing and debt collection

The New York state legislature is currently considering a pair of companion bills which would impose detailed notice and records requirements upon student loan servicers. New York Senate bill S5136B, which was passed by the...more

New York Enacts Statewide Law Superseding Local Requirements for Registration of Mortgages in Default

New York Assembly Bill A3081, signed by Governor Kathy Hochul on November 21, effectively preempts any local law that would require mortgage lenders to register mortgages in default at any point prior to the filing of a...more

Vermont Sets Declared Rate for 2023

The Declared Rate for determining high-interest/high-point home loans in Vermont will be four percent in 2023. Vermont law requires lenders to provide high rate disclosures on any loan with an interest rate that exceeds the...more

The New York Department of Financial Services Requests Information Regarding Private Student Loan Refinancing

On December 22, 2021, New York State Senate Bill 2767A was signed into law. The Bill establishes the Private Student Loan Refinancing Task Force (the “Task Force”), which was charged with “study[ing] and analyz[ing] ways...more

11/28/2022  /  Borrowers , Lenders , NYDFS , Refinancing , Student Loans

New litigation challenges CFPB’s subpoena authority based on Fifth Circuit decision holding CFPB’s funding mechanism is...

As the industry continues to digest the Fifth Circuit’s opinion in Community Financial Services Association of America, Ltd. v. Consumer Financial Protection Bureau, which held the Bureau’s funding mechanism to be...more

New York federal district court allows class action challenging bank’s NSF fees to proceed on breach of contract theory

A New York federal district court has issued an order allowing a putative class action to proceed against Trustco Bank, finding that the plaintiff had stated a claim for breach of contract based on the bank’s assessment of...more

Illinois provides guides and templates for Know Before You Owe Private Education Loan Act reporting requirements

Private education lenders doing business in Illinois now have access to official informational guides and templates for meeting the November 1, 2022, reporting requirements under the state’s new Know Before You Owe Private...more

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