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Mortgage Loan Servicing Standards

Proskauer - Minding Your Business

Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information

An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own...more

Miller Starr Regalia

Higher Rate Redux: Recalling The Legal History Of “Transfers Subject To,” Wrap-Around Mortgages, Assumable Loans, And The Due On...

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As residential mortgage interest rates have nearly tripled over the past 18 months, some participants in the real estate industry have been considering ways to market and sell real estate by keeping low-rate existing...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - June 2023

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To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Orrick, Herrington & Sutcliffe LLP

North Dakota establishes requirements for residential mortgage servicers

On April 12, the North Dakota governor signed HB 1068, which outlines provisions relating to residential mortgage loan servicers. The Act provides that a person may not engage in residential mortgage loan servicing in the...more

Cadwalader, Wickersham & Taft LLP

CFPB Guidance Affects Mortgage Comparison-Shopping Websites

The Consumer Financial Protection Bureau (“CFPB”) issued guidance on February 7 in the form of an Advisory Opinion intended to “protect mortgage borrowers from pay-to-play digital comparison-shopping platforms.” Specifically,...more

Ballard Spahr LLP

Fannie Mae and Freddie Mac announce adverse market LLPA

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On August 12, 2020, Fannie Mae and Freddie Mac announced that the cost to originate and to deliver single family limited cash out refinances and cash out refinance mortgage loans would increase by one half of one percent...more

Ballard Spahr LLP

Fannie Mae and Freddie Mac Update COVID-19 Selling and Servicing FAQs

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On June 30 and July 1, 2020, Fannie Mae and Freddie Mac updated their COVID-19 selling FAQs and servicing FAQs, which can be accessed here: Fannie Mae selling FAQs and servicing FAQs; Freddie Mac selling FAQs and servicing...more

Burr & Forman

Florida Supreme Court Sets the Standard for Loan Servicer Business Record Authentication

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On July 2, 2020, the Florida Supreme Court issued its ruling Jackson v. Household Finance Corporation III, et al., SC18-357, 2020 WL 3580036, and provided new guidance for record authentication under the business records...more

Mayer Brown

Self-Employed Borrower’s Income – Is the Past Necessarily Prologue?

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In a new era of double-digit unemployment resulting from the COVID-19 pandemic, it may be tough for a mortgage lender to predict the amount and stability of someone’s income in order to determine qualification for a home...more

Ballard Spahr LLP

CFPB Revises Confusing ECOA Valuations Rule Factsheet

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As previously reported, at the end of April 2020, the CFPB issued two factsheets regarding the Equal Credit Opportunity Act (ECOA) and Regulation B provisions that require creditors to provide the applicant with a copy of any...more

Ballard Spahr LLP

Bipartisan Congressional Pressure Mounts for Mortgage Servicer Liquidity Assistance

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As previously reported, a bipartisan group of seven U.S. Senators sent a letter, dated April 8, 2020, to U.S. Department of Treasury Secretary Steven Mnuchin, in his capacity as Chair of the Financial Stability Oversight...more

Orrick, Herrington & Sutcliffe LLP

La Norma Blocca Aste: Sospensione Delle Procedure Esecutive Intraprese Da Banche O Da Veicoli Di Cartolarizzazione A Tutela Del...

Il Decreto Legge 26 ottobre 2019 n. 124 (“Decreto Fiscale”), pubblicato nella Gazzetta Ufficiale n. 252, del 26 ottobre 2019 e, convertito in Legge n. 157, del 19 dicembre 2019, ha introdotto all’art. 41-bis la c.d. norma...more

Hinshaw & Culbertson LLP

First Circuit Reverses Course in Closely-Watched Pre-Foreclosure Notice Decision, Defers to Massachusetts Supreme Judicial Court

Earlier this year, Hinshaw reported on a decision by the First Circuit Court of Appeals which invalidated a Massachusetts foreclosure based on the Court's determination that the mortgage loan servicer's notice of default...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 24, 2019

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Real Property Update - Attorneys' Fees / Voluntary Dismissal: it is an exception to the general rule that when a plaintiff voluntarily dismisses an action the defendant is the prevailing party, when both parties...more

Seyfarth Shaw LLP

The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA

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In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate...more

Goodwin

New York DFS Fines Loan Servicer $100,000 for Violations of Vacant and Abandoned Property Law

Goodwin on

On January 16, the New York Department of Financial Services (DFS) announced that it fined a New York state-registered mortgage loan servicer $100,000 for failing to maintain two properties in New York under New York’s...more

Ballard Spahr LLP

Banking Agencies Issue Updated FAQs on Appraisal and Evaluation Practices

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The federal banking agencies recently issued Frequently Asked Questions (FAQs) on appraisal and valuation functions in response to recent questions they received on their real estate appraisal regulations and guidelines....more

Goodwin

Federal Reserve Board Fines National Bank $8.6 Million Civil Penalty for Mortgage Servicing Related Deficiencies, Ends Enforcement...

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On August 10, 2018, the Board of Governors of the Federal Reserve (“Board of Governors”) announced that a national bank had consented to the assessment of a civil money penalty totaling $8.6 million pursuant to the Federal...more

Holland & Knight LLP

Partial Rollback of Dodd-Frank Act: Key Changes for Residential Mortgage Lenders

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• The Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) rolls back some of the provisions of the Dodd-Frank Act that were found to be overly burdensome and/or difficult to comply with, particularly for...more

Ballard Spahr LLP

CFPB Addresses Partial HMDA Exemption for Certain Depository Lenders

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The Consumer Financial Protection Bureau (CFPB) recently issued a statement regarding the partial exemption from Home Mortgage Disclosure Act (HMDA) reporting requirements for certain lower mortgage volume depository...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Asked to Rule on Whether Mortgage Retroactively Incorporates Federal Servicing Requirements

A recent appeal to the Fourth Circuit may shed light on whether Virginia borrowers can assert federal mortgage servicing requirements as a defense to foreclosure when the mortgage instrument pre-dates the federal requirement....more

Hinshaw & Culbertson LLP

Attention Mortgage Loan Servicers: Highest Court in Massachusetts Attempts to Clarify When Default Notices Must Strictly Comply...

The Massachusetts Supreme Judicial Court (SJC) provided further guidance - up to a point - on mortgagees’ strict compliance with the notice of default provisions within paragraph 22 of the standard mortgage (or the...more

Dechert LLP

CFPB Outlines New Proposals For Third Party Consumer Debt Collection

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The Consumer Financial Protection Bureau (CFPB) in the U.S. published an outline of proposals on July 28, 2016 to govern consumer debt collection by debt collectors including third-party collection agencies, debt buyers,...more

Bradley Arant Boult Cummings LLP

What’s Next for Student Loans at the CFPB?

The Consumer Financial Protection Bureau (CFPB) will not be flexing its rulemaking muscles in the student loan arena for some time to come, according to the CFPB’s spring 2016 rulemaking agenda. The fall 2015 rulemaking...more

Holland & Knight LLP

CFPB Report Addresses Need for a Compliance Management System

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The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices. HIGHLIGHTS: - The Consumer Financial Protection Bureau (CFPB)...more

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