On August 17, 2023, the Consumer Financial Protection Bureau (CFPB) announced that it had taken action against a residential mortgage loan originator that provided illegal incentives to real estate brokers and agents in exchange for mortgage loan referrals. The CFPB also penalized a real estate brokerage firm that accepted kickbacks…
On September 8, a federal judge in California ordered a national mortgage services company to pay a $7.9 million civil penalty based on false or misleading marketing statements it allegedly made to consumers about its mortgage loan repayment services. The court, however, denied the Consumer Financial Protection Bureau’s (“CFPB”) request for $74 million in restitution, finding that the…
On June 7, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a Chicago-based mortgage servicing company, settling allegations that it failed to provide borrowers with the foreclosure protections required by law. According to the CFPB, the mortgage servicer violated federal consumer protection laws in its…
On May 16, 2017, the U.S. Department of Justice (“DOJ”) announced that it had reached a settlement with a company engaged in reverse mortgage servicing, in connection with the company’s participation in the Department of Housing and Urban Development’s (“HUD”) Home Equity Conversion Mortgage (“HECM”) program, which offers senior citizens reverse mortgages insured by the Federal Housing Administration…
On February 17, 2017, the California Department of Business Oversight (California DBO) announced that it had entered in to a $225 million consent order with a national mortgage servicer following an investigation by a third-party auditor into loans serviced by the company in California between January 1, 2012 and June 30, 2015. The servicer had agreed to the audit…
On January 26, 2017, the Department of Housing and Urban Development (“HUD”) announced that it reached settlements with two insurance companies, available here and here, resolving allegations that the companies’ practice of refusing to provide home insurance on properties used for subsidized or low income housing had a discriminatory effect on…
On November 4, 2016, the Ohio Attorney General’s office (AG) announced it filed a complaint against a California-based mortgage-relief services provider and its director (Defendants) alleging violations of Ohio’s consumer protection laws. The complaint alleges that the provider sent advertisements to Ohio residents stating that the company has helped consumers to “receive payment…
Goodwin’s Mike Whalen, a partner in the Technology Group and co-leader of the Fintech practice; and Levi Swank, an associate in the Financial Industry and Consumer Financial Services Litigation practices, were published in the September 2016 issue of Mortgage Banking for their article, Servicing Remains An Enforcement Target. The article…
On May 25, the Office of the Comptroller of Currency (OCC) entered a consent order with a national bank stemming from allegations that the bank violated a 2011 consent order concerning its mortgage servicing related activities. The OCC alleged that the bank had violated the consent order during the period from October 1,…
On January 5, 2016, the Office of the Comptroller of Currency (“OCC”) announced that it had terminated consent orders against two national banks. In doing so, the OCC assessed civil money penalties against the banks relating to previous violations of the existing consent orders. The OCC announced that it was terminating…
On June 17, the Office of the Comptroller of the Currency (OCC) announced that it terminated foreclosure-related consent orders with three national banks, entered into amended consent orders with six other national banks, and decided to escheat at the end of the fiscal year any uncashed payments made under the Independent Foreclosure Review Payment Agreement…