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Private Right of Action Mortgages Mortgage Servicers

BCLP

New Mortgage Servicing Rules for “Successors in Interest”

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Effective as of April 19, 2018, successors in interest to property secured by mortgage loans that are covered by the Real Estate Settlement Procedures Act (“RESPA”) and Truth In Lending Act (“TILA”) now have certain rights...more

BCLP

Modifications to the California Homeowner Bill of Rights

BCLP on

On January 1, 2018, certain provisions of the California Homeowner Bill of Rights (“HBOR”) expired. But contrary to what many assumed, the January 1, 2018 expiration date did not apply to all of the HBOR’s provisions, and...more

Blank Rome LLP

Borrowers Don’t Have Private Right of Action Under HAMP but May Pursue New Jersey State Law Claims

Blank Rome LLP on

Action Item: To avoid possible state law claims related to denial of loan modifications, trial modification offers should clearly define the requirements a borrower must fulfill to receive a loan modification, and lenders and...more

Carlton Fields

New CFPB Regulations Subject Mortgage Servicers to Private Lawsuits

Carlton Fields on

The Consumer Financial Protection Bureau (CFPB) amendments to Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA), place new and onerous requirements on mortgage servicers to correct errors and...more

Stinson LLP

Minnesota Supreme Court Recognizes New Private Right Of Action Against Residential Mortgage Loan Servicers

Stinson LLP on

On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with...more

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