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Mortgage Servicers

Hinshaw & Culbertson - Consumer Crossroads

Mortgage Lender Insights: Exploring the Impact of Surrendering Collateral in Bankruptcy on Foreclosure Litigation

A debtor’s statement of intention to surrender collateral under 11 U.S.C. 521(a)(2) in bankruptcy may impact their ability to contest foreclosure, primarily due to the application of judicial estoppel. This blog post explores...more

Orrick, Herrington & Sutcliffe LLP

Oregon financial regulator issues guidance on assisting federal employees

On October 21, the Oregon Department of Consumer and Business Services, Division of Financial Regulation announced that it issued Bulletin No. 2025-7, urging financial institutions and related entities to provide means of...more

Bradley Arant Boult Cummings LLP

Home Equity Products 101

Home equity products enable homeowners to unlock the value of their homes through a variety of financing contracts. Each product has distinct features, benefits, and risks. In this post, we compare and contrast common home...more

Orrick, Herrington & Sutcliffe LLP

Washington high court reverses lower courts’ legal errors with servicer

On October 9, the Washington Supreme Court reversed a lower court’s decision and remanded a case with an extensive procedural history over a mortgage servicer’s attempts to foreclose on a deed of trust after the respondent...more

Mayer Brown

Mortgage Servicing Updates: North Carolina Enacts New Licensing Requirements and Adopts Prudential Standards

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As of October 1, a wider range of companies involved in servicing mortgage loans—including master servicers and reverse mortgage servicers—are expressly subject to licensing in North Carolina under the North Carolina Secure...more

Sheppard Mullin Richter & Hampton LLP

New California Law on Servicing of Second Mortgages Causes Confusion Among Lenders and Servicers

On June 30, Governor Newsom signed into law AB 130, which includes a new provision to the California Civil Code, Section 2924.13. The new law (previously discussed here) became effective on July 1. The purpose of the law was...more

Stinson LLP

California Mandates Forbearances for Mortgage Borrowers Affected by Wildfires

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On September 22, 2025, California Governor Gavin Newsom signed Assembly Bill 238, which took immediate effect as an urgency statute. The new Mortgage Forbearance Act (the Act) can be found in section 3273.20 et seq. of the...more

Sheppard Mullin Richter & Hampton LLP

CFPB Terminates HDMA and FCRA Consent Orders

On September 22, 2025, the CFPB terminated two consent orders, one involving a national bank and the other involving a mortgage servicer. The orders were originally issued under prior administrations and alleged violations of...more

McCarter & English, LLP

Class Action Alleging Deceptive Mortgage Acceleration Notice Language Proceeds

A North Carolina federal court has allowed a putative class case to proceed on a theory that a residential mortgage servicer’s notice that it “may” accelerate is deceptive under the FDCPA and state law. On September, 16,...more

Bradley Arant Boult Cummings LLP

California Enacts Mortgage Forbearance Act, Effective Immediately; Will Pose Compliance Challenges for Servicers

On September 22, 2025, California Gov. Gavin Newsom signed the Mortgage Forbearance Act into law, with an immediate effective date. The law, designed to provide emergency relief to California mortgage loan borrowers impacted...more

Alston & Bird

Ohio Mortgage Rules Have Changed: Servicing Now Covered

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What Happened? Effective September 19, 2025, the Division of Financial Institutions (“Division”) of the Ohio Department of Commerce adopted amended rules (the “Amended Rules”) under the Ohio Residential Mortgage Lending Act...more

Orrick, Herrington & Sutcliffe LLP

California extends mortgage forbearance laws after wildfires

On September 22, the governor of California signed into law AB 238, the Mortgage Forbearance Act, to provide relief to homeowners affected by several January 2025 wildfires....more

Orrick, Herrington & Sutcliffe LLP

Congressional report outlines CFPB’s final rule on mortgage servicing

On September 18, the Congressional Research Service released a report on the CFPB’s role in regulating the mortgage servicing industry and the Bureau’s approach to policy issues. The report provided an overview of mortgage...more

Ballard Spahr LLP

CFPB Spring 2025 Regulatory Agenda Mortgage Items

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The CFPB recently released its Spring 2025 Regulatory Agenda. In this post, we focus on various residential mortgage-related items included in the Regulatory Agenda. We will address other aspects of the Regulatory Agenda in...more

Ballard Spahr LLP

CFPB releases ambitious Regulatory Agenda

Ballard Spahr LLP on

The CFPB has released an ambitious Spring Regulatory Agenda that lists 24 regulatory initiatives the bureau has been and/or will be working on during the 12-month period from June 2025 through May 2026 as well as one long...more

Sheppard Mullin Richter & Hampton LLP

Homebuyers Privacy Protection Act Signed Into Law, Restricting Trigger Leads

On September 5, the Homebuyers Privacy Protection Act (H.R. 2808) was signed into law. The law amends the Fair Credit Reporting Act to restrict the sale of consumer information generated when borrowers apply for residential...more

Sheppard Mullin Richter & Hampton LLP

CFPB Releases Spring 2025 Agenda Signaling Deregulatory Shift

On September 4, the CFPB published its Spring 2025 Unified Agenda on the Office of Information and Regulatory Affair’s website. The agenda identifies 24 regulatory items across the final, proposed, and prerule stages,...more

Alston & Bird

AVM Quality Control Rule Takes Effect October 1, 2025: Are You Ready?

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Mortgage originators, servicers, and secondary market participants should take note that the October 1 implementation date for the Interagency AVM Quality Control Rule (the “Rule”)  is fast approaching....more

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update - August 2025

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The Massachusetts AG enforces the state's mortgage servicing, debt collection, and data breach notification laws, while Texas takes aim at junk fees....more

Troutman Pepper Locke

Illinois Mortgage Foreclosure Shake-Up: Navigating Statute of Limitations Challenges — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis and Louis Manetti delve into the evolving legal landscape surrounding the statute of limitations for mortgage foreclosures in Illinois. With recent cases...more

Orrick, Herrington & Sutcliffe LLP

District court grants summary judgment to mortgage servicer in payoff statement fee case

On August 22, the U.S. District Court for the Western District of Washington granted summary judgment in favor of a defendant mortgage servicer in a class action lawsuit challenging fees charged for expedited delivery of...more

Mayer Brown

Connecticut Repeals Mortgage Servicer Licensing Exemption for Licensed Mortgage Lenders

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A new approval requirement is coming for companies licensed as Mortgage Lenders in Connecticut and engaging in mortgage servicing activities. Effective October 1, 2025, Connecticut Mortgage Lender licensees will have to hold...more

Freiberger Haber LLP

Conflicts of Interest and No-Action Clauses

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In Finkelstein v. U.S. Bank, N.A., 2025 N.Y. Slip Op 32882(U) (Sup. Ct., July 30, 2025) (here), plaintiff alleged that he was underpaid on his investment in a residential mortgage-backed securities (“RMBS”) trust due to the...more

Freiberger Haber LLP

Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with...

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This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. While we have not written about RPAPL 1304 in a while, it has been the subject of numerous articles in the past. By way of...more

Holland & Knight LLP

CFPB Announces Updated Regulatory and Rulemaking Priorities

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The CFPB released its semiannual Unified Rulemaking Agenda update on Aug. 15, 2025, outlining its rulemaking initiatives. The CFPB releases regulatory updates twice per year reflecting the agency's plans to propose, finalize...more

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