News & Analysis as of

Real Estate Settlement Procedures Act

Orrick, Herrington & Sutcliffe LLP

State attorneys general oppose OCC’s new escrow and preemption rules

In a January 29 letter to the OCC, the attorney general of New York, along with other state attorneys general and state banking regulators, called for the OCC to abandon two proposed rules that serve to reinforce federal...more

Orrick, Herrington & Sutcliffe LLP

District Court sides with mortgage company against FDCPA, FCRA and RESPA claims

On January 26, the U.S. District Court for the Western District of Washington granted a mortgage company’s motion to dismiss claims brought by two individual plaintiffs. The plaintiffs alleged violations of the FDCPA by...more

Troutman Pepper Locke

Illinois Supreme Court Tightens Standing for No-Injury Consumer Claims — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, host Chris Willis is joined by his colleague Lou Manetti from the firm's Chicago office to unpack a significant new Illinois Supreme Court decision on standing in consumer...more

Orrick, Herrington & Sutcliffe LLP

Maryland attorney general secures $1.05M settlement with title insurance companies

On January 14, Maryland’s attorney general announced that the state’s Consumer Protection Division (CPD) entered into a settlement resolving allegations that several joint venture title agency companies formed between a title...more

Hudson Cook, LLP

CFS Bites of the Month - 2025 Annual Review - Mortgage

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In this article, we share a timeline of monthly "bites" for the past year applicable to Mortgage....more

Orrick, Herrington & Sutcliffe LLP

OCC expands its reach with two actions on escrow laws

On December 23, the OCC published two notices of proposed rulemaking in the Federal Register that would clarify and reinforce federal banking authorities over interest-on-escrow laws and real estate lending escrow accounts. ...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

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

Orrick, Herrington & Sutcliffe LLP

CFPB terminates four consent orders against national banks, one against lender

Recently, the CFPB terminated four consent orders against two banks each after finding the banks fulfilled their obligations. The CFPB also terminated one consent order against a lender. ...more

Orrick, Herrington & Sutcliffe LLP

CFPB publishes its unified agenda for spring 2025

Recently, the U.S. Office of Management and Budget received the CFPB’s Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, outlining 25 regulatory activities at different stages of the administrative process. ...more

Ballard Spahr LLP

CFPB releases ambitious Regulatory Agenda

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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

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

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

Holland & Knight LLP

CFPB Provides Guidance on Referrals for Potential Criminal Enforcement

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The CFPB has issued a policy statement describing its plan to address criminally liable regulatory offenses. President Donald Trump previously issued an executive order on May 9, 2025, requiring each federal agency to publish...more

Ballard Spahr LLP

CFPB Files Rulemaking Items With Office of Management and Budget

Ballard Spahr LLP on

The CFPB recently made filings with the Office of Management and Budget (OMB) regarding the following rules...more

Orrick, Herrington & Sutcliffe LLP

Trade organization challenges CFPB’s final PACE rule

On May 28, the U.S. District Court for the Middle District of Florida received a complaint from a trade organization representing the residential Property Assessed Clean Energy (PACE) industry. The complaint challenged the...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – May 2025 # 4

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Holland & Knight LLP

CFPB Publishes Additional Proposals to Rescind "Unnecessary" Rules and Regulations

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The CFPB continues on its path to rescind what it considers to be unnecessary regulatory guidance, with two additional proposals recently published. First, the agency published an interim final rule on May 16, 2025, to...more

Orrick, Herrington & Sutcliffe LLP

CFPB rescinds COVID-related protections under RESPA Regulation X

On May 16, the CFPB published a Federal Register notice withdrawing its COVID-19-era mortgage servicing protections for borrowers. The CFPB identified two reasons for rescinding this measure: first, the rule was intended to...more

Ballard Spahr LLP

CFPB rescinds 67 guidance documents

Ballard Spahr LLP on

Contending that policies implemented by guidance represent an unfair regulatory burden and might be contrary to federal law, the CFPB is rescinding 67 guidance documents  issued since the bureau began operating in 2011....more

Sheppard Mullin Richter & Hampton LLP

Pennsylvania AG Alleges Mortgage Brokers Engaged in Illegal Referral Scheme

On January 17, the Pennsylvania Attorney General filed a civil enforcement action in the U.S. District Court for the Eastern District of Pennsylvania against a group of mortgage brokers and their manager, alleging that they...more

Bradley Arant Boult Cummings LLP

Litigation Risk for Mortgage Lenders with a Less Active CFPB

With the recent developments at the Consumer Financial Protection Bureau (CFPB), many mortgage lenders have been left wondering about the extent to which the CFPB will enforce federal laws governing the mortgage lending...more

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 56: Housing Policy Moves Front and Center on the National Agenda

Justin Wiseman, Vice President and Regulatory Counsel at the Mortgage Bankers Association, joins RegFi co-hosts Jerry Buckley and Sherry Safchuk to discuss how housing availability and affordability have moved to the...more

Orrick, Herrington & Sutcliffe LLP

District court denies servicer’s motion to dismiss in RESPA case, rejects Loper argument

Recently, the U.S. District Court for the Eastern District of Missouri denied a motion to dismiss filed by a mortgage servicer (the defendant) which argued that the plaintiff’s claims were not cognizable after the Loper...more

Bradley Arant Boult Cummings LLP

How Congress Can Stem Consumer Finance Law Uncertainty

With the 2024 election behind us and the 119th Congress now in session, the political climate has created an opportunity for meaningful statutory reforms of the federal consumer financial laws to become reality. The 119th...more

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