News & Analysis as of

Real Estate Settlement Procedures Act

Weiner Brodsky Kider PC

Real Estate Website Company Defeats Securities Claims Related to RESPA

by Weiner Brodsky Kider PC on

A federal court recently dismissed securities claims against a major real estate website company, finding that the company’s initial failure to disclose a BCFP investigation regarding alleged RESPA violations was not...more

Spilman Thomas & Battle, PLLC

What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more

Ballard Spahr LLP

Zillow Successful in Lawsuit Triggered by CFPB Investigation

by Ballard Spahr LLP on

As we reported previously, in June 2018 Zillow Group (Zillow) announced that it is no longer under investigation by the CFPB for Real Estate Settlement Procedures Act (RESPA) and UDAAP compliance with regard to its...more

Shearman & Sterling LLP

Western District Of Washington Dismisses Securities Class Action For Failure To Adequately Allege Material Misstatements And...

by Shearman & Sterling LLP on

On October 2, 2018, Judge John C. Coughenour of the United States District Court for the Western District of Washington dismissed a putative class action against Zillow Group, Inc. and certain of its executives asserting...more

Shumaker, Loop & Kendrick, LLP

Client Alert: New Loan Servicing Rules Apply to Persons Who Acquire Interest in Mortgaged Property

Lenders and loan servicers need to be aware of some recent amendments to the mortgage servicing rules issued by the Consumer Financial Protection Bureau (CFPB). These amendments have revised certain requirements under RESPA...more

Weiner Brodsky Kider PC

Rural Housing Service Seeks Comments on Proposed Changes

by Weiner Brodsky Kider PC on

The USDA’s Rural Housing Service is proposing to make several changes to its Single-Family Housing Guaranteed Loan Program. The proposed changes are intended to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending August 10 & 17, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Loan Modification: foreclosing plaintiff was required to allege and prove default of loan modification agreement after trial court found the loan modification to be the operative...more

Weiner Brodsky Kider PC

Judge Denies Big Bank’s Motion to Dismiss Loan Modification Case

by Weiner Brodsky Kider PC on

The U.S. District Court of Rhode Island denied a large U.S. Bank’s attempt to dismiss a case brought by a borrower for, among other things, breach of contract, misrepresentation, and violation of loss mitigation procedures...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 27, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more

Manatt, Phelps & Phillips, LLP

CFPB News: More Reports, Settlements and Actions Dropped

In another news-heavy cycle, the Bureau of Consumer Financial Protection (CFPB) released a report on year-end credit card borrowing, dropped a potentially major RESPA-based investigation on co-marketing practices, and reached...more

White & Case LLP

Financial Regulatory Observer - June 2018: CFPB models softer face in Mulvaney makeover

by White & Case LLP on

An overhaul of the Consumer Financial Protection Bureau by its acting head has ruffled feathers and heralded a less aggressive enforcement regime. Since his appointment by President Trump in November 2017 as interim...more

Ballard Spahr LLP

CFPB ends investigation of Zillow

by Ballard Spahr LLP on

In a SEC filing dated June 22, 2018, Zillow Group announced that it is no longer under investigation by the CFPB for RESPA and UDAAP compliance with regard to its co-marketing program.  Zillow Group had disclosed the...more

Manatt, Phelps & Phillips, LLP

Enforcement: PHH Suit Gone but Other Enforcement Activity Continues

As the Consumer Financial Protection Bureau (CFPB or Bureau) withdraws from enforcement, activity continues in the courts and with certain other regulators. In Texas, a federal court denied a stay of the looming compliance...more

Alston & Bird

Key Mortgage Servicing Takeaways from S. 2155

by Alston & Bird on

On May 24, 2018, the President signed the Economic Growth, Regulatory Relief, and Consumer Protection Act into law. A product of rare bipartisanship, the Regulatory Relief Act makes modest reforms to the Dodd–Frank Wall...more

Goodwin

CFPB Dismisses Administrative Proceedings Against PHH Corp.

by Goodwin on

On June 7, 2018, the Consumer Financial Protection Bureau (CFPB) issued an order dismissing administrative proceedings against PHH Corp. The dismissal follows a January ?31, 2018 opinion by the U.S. Court of Appeals for the...more

Ballard Spahr LLP

CFPB dismisses PHH case

by Ballard Spahr LLP on

As expected, CFPB Acting Director Mick Mulvaney has signed an order directing that the Notice of Charges filed against PHH be dismissed and terminating the matter.  The order indicates, that in dismissing the matter, Mr....more

Ballard Spahr LLP

CFPB expected to dismiss PHH case

by Ballard Spahr LLP on

American Banker has reported that that CFPB is planning to dismiss its lawsuit against PHH.  According to the American Banker report, the CFPB and PHH have issued a joint statement in which the parties confirm that they have...more

Carlton Fields

Eastern District Of Pennsylvania Holds That Plaintiffs Forfeited American Pipe Tolling By Filing Their Lawsuit Too Soon

by Carlton Fields on

A federal district court has dismissed with prejudice a Real Estate Settlement Procedures Act (RESPA) class action filed against JPMorgan Chase Bank N.A. and related entities on statute of limitations grounds a year after...more

Goodwin

Financial Services Weekly News - May 2018 #4

by Goodwin on

Regulatory Developments - FinCEN Provides 90-Day Exceptive Relief From Beneficial Ownership Requirements for Certain Products and Services With Automatic Rollovers or Renewals - On May 16, the Financial Crimes...more

Weiner Brodsky Kider PC

7th Circuit Holds Actual Damages Must be Connected to the RESPA Servicing Claim

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Seventh Circuit held in Linderman v. U.S. Bank National Association that a borrower must demonstrate actual damages to plausibly state a claim for violations of RESPA’s servicing regulations....more

Weiner Brodsky Kider PC

8th Circuit Holds Actual Damages Are an Essential Element of a RESPA Servicing Claim

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Eighth Circuit recently held in Wirtz v. Specialized Loan Servicing, LLC that actual damages are an essential element of a borrower’s RESPA servicing claim....more

Ballard Spahr LLP

No U.S. Supreme Court review sought in PHH

by Ballard Spahr LLP on

Neither PHH Corporation nor the CFPB has filed a petition for certiorari asking the U.S. Supreme Court to review the D.C. Circuit’s en banc PHH decision.  The filing deadline was May 1....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

Bryan Cave Leighton Paisner

New Mortgage Servicing Rules for “Successors in Interest”

by Bryan Cave Leighton Paisner on

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

Schnader Harrison Segal & Lewis LLP

Servicer Violated RESPA but Caused no Damages: Eighth Circuit

The U.S. Court of Appeals for the Eighth Circuit concluded earlier this month in Wirtz v. Specialized Loan Servicing, LLC, that a mortgage loan servicer violated Section 6 of the Real Estate Settlement Procedures Act (RESPA)...more

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Sausalito, California 94965

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