News & Analysis as of May 18, 2025

Risk Management

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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 +

EBA consults on amendments to RTS for risk weights on immovable property exposures

A&O Shearman on 5/7/2025

The European Banking Authority (EBA) has issued a consultation paper on draft regulatory technical standards (RTS) amending Delegated Regulation (EU) 2023/206, supplementing Regulation (EU) No 575/2013 (CRR). The EBA is...more

UK Consumer Duty rule review: FCA sets out ‘targeted steps’ to simplify requirements for firms

Hogan Lovells on 3/31/2025

Following feedback to its July 2024 Call for Input (CfI) on placing greater reliance on the Consumer Duty instead of specific rules and guidance, the FCA won’t be carrying out a wholesale Handbook review. It has instead...more

Central Bank Modernises Consumer Protection Code and introduces Standards for Business

Walkers on 3/25/2025

Today, the Central Bank of Ireland published the Consumer Protection Code 2025 ("CPC 2025") comprising: (i) the Consumer Protection Code Central Bank Reform Act 2010 (Section 17A) (Standards for Business) Regulations 2025...more

Mortgages and the UK government’s pro-growth agenda: FCA outlines plans to refine and simplify regulatory regime

Hogan Lovells on 3/21/2025

Following the FCA’s January 2025 response to the government’s request for ideas to support its growth mission for the UK economy, the regulator has now written to the Economic Secretary to the Treasury, and released other...more

Consumer Finance State Roundup - March 2025

Alston & Bird on 3/7/2025

The latest edition of the Consumer Finance State Roundup highlights recently enacted measures of potential interest from two states: California: Effective January 1, California Assembly Bill 3108 addresses mortgage fraud. ...more

Indemnity or indemNOTy? The difference between a guarantee and an indemnity

A&O Shearman on 2/26/2025

A bank sought payment under “deeds of indemnity” related to swap agreements which were part of a number of Dutch mortgage-backed securitisations. The mortgage provider refused to pay, a key argument being that the “deeds...more

Potential Impact of FHA’s Revised Defect Taxonomy on Mortgage Originators and Servicers

Bradley Arant Boult Cummings LLP on 1/17/2025

On January 7, 2025, the Federal Housing Administration (FHA) officially revised its Defect Taxonomy (Final Defect Taxonomy) with the publication of Mortgagee Letter (ML) 2025-01 and the related attachment detailing those...more

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