A&B ABstract: Recently, the Consumer Financial Protection Bureau (“CFPB”) brought its first ever redlining case against a non-depository institution. While the CFPB has yet to issue guidance regarding how it would evaluate a non-bank lender’s activities for potential redlining, the CFPB’s allegations in this case provide some insight to mortgage lenders regarding compliance expectations. Discussion […]
Mortgage Loans
“RESPA Section 8 – the CFPB and President Should Act Now to Restore the Rule of Law”
The Heritage Foundation recently published “RESPA Section 8 – the CFPB and President Should Act Now to Restore the Rule of Law” by Alston & Bird’s Brian Johnson. While no substitute for reading the full article, below is a brief summary and key takeaways of the article, as discussed on the Heritage Foundation’s website: Summary […]
Delaware Governor Issues Order Modifying Restrictions on Residential Foreclosures and Evictions
A&B Abstract: On June 30, 2020, Delaware Governor, John Carney, issued a Twenty-Third Modification (the “Order”) to the Declaration of a State of Emergency (the “State of Emergency”), initially issued on March 12, 2020. The Order became fully effective July 1, 2020. The Order addresses a number of issues that impact residential mortgage loan servicers, […]
State Courts Require Strict Compliance with Foreclosure Procedures
A&B ABstract: In response to the economic fallout of the COVID-19 pandemic, state executives and legislatures have seriously restricted residential foreclosures and evictions. These restrictions have included requiring forbearance for private mortgage loans and placing moratoria on foreclosures. While these restrictions generally apply to residential mortgages lapsed in the wake of the global pandemic, they do […]
Fannie Mae Updates COVID-19 FAQ’s Related to Servicing
A&B ABstract: On June 30, Fannie Mae updated its “COVID-19 Frequently Asked Questions” as part of an ongoing effort to provide guidance to lenders and servicers in connection with the ongoing COVID-19 national emergency. The updates address retention workout options and incentive fees, among other topics. Foreclosure Suspension Fannie Mae has updated Question 3 to […]