News & Analysis as of

Mortgages

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Alston & Bird

Fannie Mae Issues Governance Framework on Use of Artificial Intelligence and Machine Learning

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What Happened? In a little-noticed, but important development, on April 8, 2026, Fannie Mae issued a governance framework for Fannie Mae Seller/Servicers’ use of artificial intelligence (AI) and/or machine learning (ML) in...more

Orrick, Herrington & Sutcliffe LLP

FHA proposes automated ‘Do Not Pay’ portal screening for borrower eligibility determinations

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On May 18, FHA posted a draft Mortgagee Letter on its Single Family Drafting Table, proposing new requirements for determining borrower eligibility related to delinquent child support obligations subject to federal...more

Orrick, Herrington & Sutcliffe LLP

HUD issues RFI on streamlining FHA single-family minimum property requirements

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On May 29, HUD issued a request for information (RFI) in the Federal Register, seeking public comment on modernizing FHA’s Minimum Property Requirements (MPRs) for single-family mortgage insurance programs. MPRs require that...more

Sheppard

CA, MD, VA Force Lenders' Hand on Divorce-Triggered Mortgage Assumptions

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A coast-to-coast trend is taking shape: three states have now stripped conventional mortgage lenders of discretion to deny assumptions when divorcing co-borrowers want to keep the family home at the existing rate and...more

Orrick, Herrington & Sutcliffe LLP

Fannie Mae markets sale of $565M in reperforming loans

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On May 28, Fannie Mae announced an upcoming sale of approximately 2,333 reperforming loans, with an unpaid principal balance of approximately $565 million, which are available for purchase by qualified bidders that submit...more

A&O Shearman

UK FCA new annual regulatory return to replace ad hoc collection of retail banking business models data

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The UK Financial Conduct Authority (FCA) has published policy statement PS26/8 confirming final rules introducing a new annual regulatory return, replacing previous ad hoc retail banking business models (R2B2) data...more

Blake, Cassels & Graydon LLP

The Mortgage Loan Assumption Process

Blake, Cassels & Graydon LLP on

Assuming a mortgage loan in a real estate purchase and sale transaction can be an attractive way to preserve favourable financing terms and avoid the cost and uncertainty of obtaining a new loan. However, stepping into an...more

Hudson Cook, LLP

The Weekly Sweep - Northeast Financial Services Regulator Activity - June 2026

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The latest Weekly Sweep highlights significant developments from across the Northeast involving mortgage servicing, consumer protection enforcement, landlord-tenant issues, and cybersecurity risk management. Recent actions by...more

Ballard Spahr LLP

VA Announces Launch of New Partial Claim Program to Help Protect Veterans from Foreclosure with VA Home Loans

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As previously reported, in July 2025 Congress passed legislation to reauthorize partial claims with U.S. Department of Veterans Affairs (VA) guaranteed home loans. ...more

Baker Donelson

The Federal Housing Administration Minimum Property Requirements

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The Federal Housing Administration (FHA) published a Request for Information (RFI) regarding Single Family Minimum Property Requirements (MPR) (Docket No. FR-6609-N-01) in the Federal Register for public comment on Friday,...more

Kennedys

Hong Kong Court Applies Doctrine of Estoppel to Vacate Registration of Notice of Application for Ancillary Relief

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In a recent decision, the Court of First Instance of Hong Kong provided clarity on how mortgagees can resolve the difficulties that arise from a matrimonial claim registered against the mortgaged property....more

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 97: Beyond APR: How AI Is Changing Mortgage Shopping

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Fincast founder Benjamin Schieken joins RegFi co-hosts Jerry Buckley and Sherry Safchuk to discuss how AI-enabled technology can transform the mortgage shopping process by enabling consumers to compare loan options more...more

Freiberger Haber LLP

The Second Department Applies the Relation-Back Doctrine to Add a Party to a Foreclosure Action More than a Decade after...

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Today’s BLOG deals with the “Relation-Back Doctrine” (the “Doctrine”)[1], which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate back to claims previously asserted against a codefendant...more

Ballard Spahr LLP

Round Two in Cantero: New Cert Petition Seeks Supreme Court Resolution of Mortgage Escrow Interest Circuit Split regarding...

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As recently predicted in our May 8, 2026 blog, a new cert petition was filed on May 22, 2026 in Cantero v. Bank of America, asking the U.S. Supreme Court to revisit, again, the increasingly important question whether the...more

Harris Beach Murtha

Fannie Mae and Freddie Mac Set New AI Standards for Mortgage Lenders

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Artificial intelligence and machine learning are no longer experimental tools in residential mortgage lending. They are embedded across the loan lifecycle, from borrower intake and underwriting to pricing, quality control,...more

Winthrop & Weinstine, P.A.

Second Circuit Again Holds State Escrow-Interest Law Preempted and OCC Finalizes Rulemaking in Attempt to Avoid Circuit Split

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The post-Cantero battle over state mortgage escrow-interest laws continues to deepen, with significant implications for national banks’ mortgage servicing practices, pricing flexibility, and exposure to consumer class...more

Kilpatrick

Fourth Circuit endorses early motion to strike class allegations where pleadings preclude predominance

Kilpatrick on

Class allegations transform the risk profile of consumer disputes. Even if a class defendant has a strong merits defense, the grant of class certification can result in a substantial settlement to avoid the risk—however...more

Cadwalader, Wickersham & Taft LLP

OCC Preemption Decision and Final Rule Regarding Mortgage Escrow Account State Laws

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On May 15, 2026, the Office of the Comptroller of the Currency (OCC) issued a preemption decision addressing state laws that govern how mortgage escrow accounts are managed, as well as a final rule establishing a national...more

Orrick, Herrington & Sutcliffe LLP

OCC finalizes escrow account rule and preemption determination, concluding state interest-on-escrow laws are preempted

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On May 15, the OCC finalized two actions, effective June 18, that it had proposed in December 2025: (i) a rule codifying national banks’ and federal savings associations’ escrow account powers; and (ii) a preemption...more

Orrick, Herrington & Sutcliffe LLP

New Maryland law expands sponsorship eligibility and removes employment restrictions on ‘affiliated insurance producer–mortgage...

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On May 12, the Maryland governor signed into law HB 38, amending the licensing framework for “affiliated insurance producer–mortgage loan originators” under the state’s Financial Institutions Article. The legislation makes...more

Moore & Van Allen PLLC

Irreconcilable Differences: Analyzing the Split in the First and Second Circuit Courts of Appeals’ Decisions on National Bank Act...

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On May 5, 2026, a majority panel of the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) issued an opinion holding that the National Bank Act (NBA) preempts New York General Obligations Law (GOL) § 5‑601,...more

Womble Bond Dickinson

Tennessee Enacts the Tennessee Reverse Mortgage Innovation Act (Effective May 19, 2026)

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Tennessee Gov. Bill Lee has signed HB 2382 into law, replacing the Home Equity Conversion Mortgage Act with the Tennessee Reverse Mortgage Innovation Act under Chapter 30, Title 47 of the Tennessee Code Annotated. The act...more

Sheppard

OCC Finalizes Rules Preempting State Interest on Escrow Laws

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On May 15, the OCC issued two final rules addressing national banks’ and federal savings associations’ authority to administer mortgage escrow accounts and the preemption of certain state interest-on-escrow laws. The OCC...more

Bradley Arant Boult Cummings LLP

The Evolving Fraud Landscape & Strategies to Protect Your HELOC Customers

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Over the past few years, the U.S. consumer finance market has witnessed a striking resurgence in home equity lines of credit (HELOCs) — a form of revolving credit secured by a borrower's home. Originally Published in the...more

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update - May 2026

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State credit regulators take center stage this month: the Illinois Department of Financial and Professional Regulation, the Massachusetts Division of Banks, the New Hampshire Banking Department, and the South Carolina...more

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