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Melissa Malpass

About Melissa Malpass

Melissa Malpass advises financial institutions on compliance with federal and state consumer financial laws. She regularly counsels mortgage lenders on loan origination, including disclosures, loan originator compensation, ability-to-repay standards, and other requirements imposed by the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and Title XIV of the Dodd–Frank Act.

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CFPB Proposes Nonbank Registry to Focus on Compliance “Recidivism”

January 11, 2023 By Nanci Weissgold, Anoush Garakani and Melissa Malpass

A&B ABstract: On December 12, 2022, the Consumer Financial Protection Bureau (CFPB) announced a proposed rule to require certain non-banks to register with the agency when they become subject to a public written order or judgment imposing obligations based on violations of certain consumer protection laws. The CFPB also proposes to maintain a public online […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Consumer Loan, Dodd-Frank Act, Mortgage Loans, Mortgage Servicing, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPA, #CFPB, mortgage lending, Mortgage Servicing, Servicing

Assumptions on the Rise: Are You Ready for Mortgage Assumptions?

December 16, 2022 By Nanci Weissgold, Anoush Garakani and Melissa Malpass

A&B ABstract: Mortgage assumptions – where a buyer assumes the existing mortgage loan of a seller – have fluctuated in popularity since the 1980s. However, inflation and the high interest rate environment, coupled with an observable shift to a buyer’s market, are raising the prospect that assumable mortgages – especially those with historically low interest […]

Filed Under: Ability to Repay/Qualified Mortgage, Consumer Financial Protection Bureau (CFPB), Department of Housing and Urban Development (HUD), Licensing, Mortgage Loans, Mortgage Servicing, Real Estate Settlement Procedures Act (RESPA), TRID, Truth in Lending Act (TILA), Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #mortgageservicing, assumablemortgage, Assumptions, HUD, mortgage lending, Mortgage Servicing, Servicing, UDAAP

GSEs to Require Mortgage Servicers to Obtain and Maintain Fair Lending Data

August 16, 2022 By Nanci Weissgold, Anoush Garakani and Melissa Malpass

A&B Abstract: On August 10, 2022, the Federal Housing Finance Agency (“FHFA”) announced that Fannie Mae and Freddie Mac (the “GSEs”) will require mortgage servicers to obtain and maintain fair lending data on their loans, beginning March 1, 2023. That same day, Fannie Mae and Freddie Mac (the “GSEs”) each issued guidance implementing the FHFA […]

Filed Under: Federal Housing Finance Agency (FHFA), Mortgage Servicing Tagged With: #mortgageservicing, Fair Lending, Mortgage Servicing, Servicing

CFPB and DOJ Announce Redlining Settlement Against Non-Bank Mortgage Lender

July 28, 2022 By Melissa Malpass

A&B Abstract: On July 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) and the US Department of Justice (“DOJ”) entered into a settlement with Trident Mortgage Company (“Trident”), resolving allegations under the Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act that the non-bank mortgage lender intentionally discriminated against majority-minority neighborhoods in the greater […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Department of Justice, Fair Housing Act Tagged With: #CFPB, DOJ, Fair Lending

PAVE Task Force Issues Action Plan to Address Appraisal Bias

March 30, 2022 By Melissa Malpass

A&B Abstract: As part of the Biden Administration’s stated focus on narrowing the racial gap in wealth and homeownership, federal agencies launched an Interagency Task Force on Property Appraisal and Valuation Equity (PAVE), with the goal of “addressing the persistent misvaluation and undervaluation of properties experienced by families and communities of color.” On March 23, […]

Filed Under: Appraisal and Valuation Tagged With: #PAVE

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Recent Posts

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