Click here to check out the latest article from LenderLaw Watch – DC Court of Appeals Rules CFPB Director’s “For-Cause Only” Removal Unconstitutional; Reinforces Long-Standing RESPA Interpretation. The article analyzes yesterday’s decision by the United States Court of Appeals for the D.C. Circuit. LenderLaw Watch previously wrote about the PHH…
Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here). LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court determined that…
On July 29, 2016, the CFPB issued a new proposed rule, which is intended to clarify and ease compliance with certain provisions of the TILA-RESPA Integrated Disclosure (TRID) rule. The proposed rule tweaks TRID in many minor ways, but the CFPB highlighted four major changes in the proposed rule, which…
On May 26, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a former loan officer of a national bank, whom the CFPB alleges increased the number of loans he sold by creating a mortgage fee-shifting scheme. The consent order alleged that the loan…
On April 12, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in the first appeal of a Consumer Financial Protection Bureau (CFPB) administrative enforcement ruling, which ordered a mortgage lender to disgorge $109 million for alleged violations of the Real Estate Settlement Procedures Act…
On February 19, the Federal Reserve noticed an information collection regarding recent changes to Regulation Z. The Notice (81 Fed. Reg. 8492) explains that the Federal Reserve is planning to update Regulation Z to include a number of regulatory requirements implemented in the past three years—particularly those promulgated by the…
Don’t miss the Goodwin Procter team (Margaret Crockett and David Permut) at the Welcome Reception on January 9, 2016 at 6:30. Other highlights of the Winter Meeting, include: a panel presentation called “RESPA Update: Lighthouse, and PHH, and MSAs, oh my!” and a CLE Program presented by the Housing Finance Subcommittee,…
On November 20, 2015, the CFPB published its current rulemaking agenda. Under the Dodd-Frank Wall Street Reform Act, the CFPB drafts and implements new regulations governing certain consumer finance products and services. The CFPB publishes its regulatory agenda twice a year, which summarizes the proposed regulations (or “rules”) the Bureau is…
A month has passed since the new TILA-RESPA Integrated Disclosure (“TRID” or “Know Before You Owe”) requirements went into effect on October 3, 2015, and while the transition has not been completely smooth, it has gone better than many expected. Below is a recap of some of the issues that…
Arguably the most pressing topic at this year’s Mortgage Bankers Association’s (MBA) Regulatory Compliance Conference (held on September 20-22, 2015 in Washington, D.C.) was the implementation of the TILA-RESPA Integrated Disclosure (TRID) Rule, which will take effect on October 3, 2015. While industry leaders at the conference generally seemed to accept…
In Hart v. FCI Lender Services, Inc., the Second Circuit made it clear that servicers should pay close attention to initial communications with borrowers upon commencing loan servicing when it determined in an August 12, 2015 ruling that FCI Lender Services, Inc.’s (FCI) initial communication with a borrower was not merely…
For the second time in recent weeks, the Consumer Financial Protection Bureau (CFPB) delayed the launch of the new integrated disclosures for residential mortgage loans under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA). The launch date, now set for Saturday, October 3, was announced…
On June 23, 2015, the Consumer Financial Protection Bureau (CFPB) released its Supervisory Highlights report detailing the Bureau’s supervision efforts for the first four months of 2015. The report summarizes the most common “illegal practices” uncovered by the Bureau and identifies the areas where the Bureau has focused on in its…
On June 4, the Consumer Financial Protection Bureau (CFPB) announced that Director Richard Cordray issued a decision in the the first appeal of a CFPB administrative enforcement action. The appeal hearing was previously covered by Consumer Finance Enforcement Watch. The Director’s decision upheld in part and reversed in part an…
On April 29, 2015, the Consumer Financial Protection Bureau and the Maryland Attorney General announced the filing of a complaint and proposed consent order against a regional title insurance company, its principals, and certain loan officers. The title company allegedly provided payments to loan officers in exchange for referrals for…
The Consumer Financial Protection Bureau (“CFPB”) announced that it and the Federal Trade Commission (FTC) entered into a Proposed Consent Order with a national mortgage servicing company over allegations that its loss-mitigation activities violated the Federal Trade Commission Act (“FTCA”), the Consumer Financial Protection Act (“CFPA”), the Fair Debt Collection Practices…
On March 9, 2015, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray held oral arguments in the first appeal of a CFPB administrative enforcement action. Both counsel for the CFPB and Respondents PHH Mortgage Corporation and Atrium Insurance Corporation appealed to Cordray from the Administrative Law Judge’s (ALJ) Recommended Decision,…
On March 9, 2015, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray held oral arguments in the first appeal of a CFPB administrative enforcement action. Both counsel for the CFPB and Respondents PHH Mortgage Corporation and Atrium Insurance Corporation appealed to Cordray from the Administrative Law Judge’s (ALJ) Recommended Decision,…
On February 10, 2015, the CFPB announced that it had entered a consent order with a Maryland-based nonbank mortgage lender to resolve allegations that the lender had engaged in deceptive advertising and an illegal kickback scheme. The CFPB alleged that the lender advertised VA mortgage products to veterans, claiming that…
On January 22, 2015, the CFPB and the Maryland Attorney General announced a settlement with two national banks related to an investigation into allegations that the loan officers at the banks steered customers to a title company in exchange for allegedly illegal kickbacks. The Complaint alleged that the banks and…