News & Analysis as of

Real Estate Settlement Procedures Act Marketing

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - August 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Blank Rome LLP

Welcome to Internet and Mobile Marketing: HUD’s 1996 RESPA CLO Policy Statement Finally Refreshed

Blank Rome LLP on

A new Consumer Financial Protection Bureau (“CFPB”) advisory opinion refreshes the Department of Housing and Urban Development’s computer loan origination system policy statement for a new generation of online marketing...more

Cooley LLP

CFPB Brings RESPA Section 8 Into 21st Century With Digital Marketing Risk Advisory Opinion

Cooley LLP on

On February 7, 2023, the Consumer Financial Protection Bureau issued an advisory opinion warning operators of digital mortgage comparison platforms of specific practices the bureau may view as violating Section 8 of the Real...more

Williams Mullen

RESPA Sec. 8(a): How is an Unnecessarily High Settlement Cost Different from an Overcharge?

Williams Mullen on

In Brasko v. Howard Bank, 2022 WL 951771 (D. Md. Mar. 29, 2022), a district court recently certified a subclass of residential mortgage borrowers who alleged that First Mariner Bank, a predecessor of Howard Bank, violated...more

Ballard Spahr LLP

FDIC RESPA Section 8 Settlement Acknowledges Legitimacy of Marketing Arrangements

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HomeStreet Bank recently agreed to the issuance of an order to settle an allegation by the FDIC that the bank’s discontinued Home Loan Center-based mortgage business line violated the Real Estate Settlement Procedures Act...more

Manatt, Phelps & Phillips, LLP

Co-marketing Program May Violate RESPA, Court Rules

Ruling on an amended complaint, a Washington federal court refused to dismiss a securities class action alleging that Zillow’s co-marketing program violated the Real Estate Settlement Procedures Act (RESPA). The order was...more

Ballard Spahr LLP

Zillow Successful in Lawsuit Triggered by CFPB Investigation

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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

Ballard Spahr LLP

CFPB ends investigation of Zillow

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

Foley & Lardner LLP

A Response to the CFPB’S Recent Compliance Bulletin on MSAs

Foley & Lardner LLP on

On October 8, 2015, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a Compliance Bulletin on RESPA Compliance and Marketing Services Agreements (“MSAs”)(“Compliance Bulletin”).  The Compliance Bulletin’s...more

K&L Gates LLP

The CFPB Weighs in on Marketing Services Agreements

K&L Gates LLP on

The Consumer Financial Protection Bureau (“CFPB”) has, for the first time, publicly expressed views on marketing services agreements (“MSAs”) under Section 8 of the Real Estate Settlement Procedures Act (“RESPA”). After...more

Ballard Spahr LLP

CFPB settles RESPA charges for marketing services agreements allegedly tied to referrals

Ballard Spahr LLP on

The CFPB has announced that it has entered into a consent order with a Michigan title insurance agency to settle charges that the agency violated the Real Estate Settlement Procedures Act (RESPA) by paying fees to various...more

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