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Consumer Finance State Roundup

May 23, 2023 By Consumer Finance Team

The pace of legislative activity from this year’s current session can make it hard to stay abreast of new laws.  The Consumer Finance ABStract’s “Consumer Finance State Roundup” is intended to provide a brief overview of recently enacted measures of potential interest.  For this first installation, we are including additional measures enacted during the current […]

Filed Under: Debt Collection, Licensing, Mortgage Loans, Mortgage Servicing, State Law Tagged With: #collectionagencies, #remoteoperations, #stateroundup

States Continue Trend Supporting Remote Work for MLOs and Mortgage Company Employees

March 27, 2023 By Morey Barnes Yost and Aldys London

A&B ABstract: Effective July 1, Montana will become the latest jurisdiction to codify authorization for mortgage loan originators and mortgage company employees to engage in remote work. That legislation follows a general trend over the past year – and, more so, since the early days of the COVID-19 pandemic – to allow remote operations. No […]

Filed Under: Licensing, Mortgage Loans, State Law Tagged With: licensing, MLO, Montana, mortgage lending, mortgage loan originator, remote work

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

HELOCs On the Rise: Is Your Servicing CMS Ready?

December 8, 2022 By Nanci Weissgold and Anoush Garakani

A&B ABstract: The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has moved to clarify its regulatory authority at a time when the economic climate is ripe for a resurgence in HELOC lending. In an amicus brief filed by the CFPB on November 30, 2022 (the “Amicus Brief”), the Bureau acknowledged that its Mortgage Servicing Rules, […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Fair Credit Reporting Act (FCRA), Licensing, Mortgage Loans, Mortgage Servicing, Real Estate Settlement Procedures Act (RESPA), State Law, Truth in Lending Act (TILA), Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, #FCRA, #mortgageservicing, #redlining, licensing, mortgage lending, Mortgage Servicing, Servicing, UDAAP

Alston & Bird Adds Consumer Finance Partner Aldys London in Washington, D.C.

September 23, 2022 By Consumer Finance Team

Alston & Bird has strengthened and expanded its capabilities for advising companies on state and federal consumer finance regulatory compliance issues with the addition of partner Aldys London in the firm’s Washington, D.C. office. Her clients include mortgage companies, consumer finance and FinTech companies, secondary market investors, real estate companies, home builders, insurance companies, banks, and other […]

Filed Under: Fair Credit Reporting Act (FCRA), Gramm Leach Bliley Act (GLBA), Home Mortgage Disclosure Act (HMDA), Licensing, Mortgage Loans, Real Estate Settlement Procedures Act (RESPA), TRID, Truth in Lending Act (TILA) Tagged With: #FCRA, ECOA, licensing, mortgage lending, Mortgage Servicing, RESPA, TILA

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Recent Posts

  • Consumer Finance State Roundup
  • CFPB Issues Preemption Determination that State Commercial Financing Disclosure Laws Are Not Preempted By TILA
  • New York’s Commercial Finance Disclosure Law Set to Take Effect August 1, 2023
  • Second Circuit Deepens Circuit Split over CFPB Funding Structure
  • States Continue Trend Supporting Remote Work for MLOs and Mortgage Company Employees
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