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Mortgage Loans

Connecticut Officially Becomes an Attorney Closing State

July 14, 2019 By Nanci Weissgold

A&B Abstract: Effective October 1, 2019 only Connecticut licensed attorneys can conduct real estate closings in the state for certain mortgage loan transactions. Real Estate Closings The process of closing a loan generally involves four core functions: transferring title to the buyer; transmitting payment to the seller (usually through an escrow agent); discharging any outstanding […]

Filed Under: Mortgage Loans, State Law Tagged With: Closing agent, Connecticut, unauthorized practice of law

Maine Creates Mortgage Servicer Duty of Good Faith

June 25, 2019 By Morey Barnes Yost

Maine is joining the ranks of states whose requirements for mortgage servicers may exceed those of the CFPB’s Mortgage Servicing Rules.  Effective September 19, Senate Paper 415 (2019 Me. Laws 363) creates a mortgage servicer duty of “good faith,” meaning honesty in fact, and the observance of reasonable commercial standards of fair dealing.  This duty […]

Filed Under: Mortgage Loans, State Law Tagged With: Foreclosure, Servicing

NYDFS Proposes Overhaul to Mortgage Loan Servicer Business Conduct Rules

June 18, 2019 By Consumer Finance Team

The New York Department of Financial Services has proposed significant changes to the mortgage servicer business conduct rules found in Part 419 of the Superintendent’s Regulations.  The proposed changes represent the first major changes to Part 419 since its adoption nearly 10 years ago.  Some of the significant proposed changes to Part 419 include: Adding […]

Filed Under: Consumer Loan, Escrow, Mortgage Loans, State Law Tagged With: #NYDFS

Alston & Bird Publishes Article in “Mortgage Compliance Magazine” Addressing Key Debt Collection Challenges Raised Under the Fair Debt Collection Practices Act as a Major Focus for Industry in 2019

May 9, 2019 By Consumer Finance Team

In February 2019, Alston & Bird Partner Nanci Weissgold and Senior Associate Anoush Garakani, wrote an article published in “Mortgage Compliance Magazine,” in anticipation of the Consumer Financial Protection Bureau’s (“CFPB”) recent Proposed Rule implementing the FDCPA.  The article brings to the attention of the mortgage servicing industry the complex issues faced when applying the […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Fair Debt Collection Practices Act (FDCPA), Mortgage Loans

Ninth Circuit Approves Request for Interlocutory Appeal in McShannock v. JP Morgan Chase Bank N.A.

April 24, 2019 By Sam Bragg

On April 23, 2019, the Ninth Circuit approved a request for an interlocutory appeal in McShannock v. JP Morgan Chase Bank N.A.,[1] to resolve a split amongst the district courts on the reach of preemption under the Home Owners Loan Act (“HOLA”), which governs federal savings banks (“FSBs”). Given that the majority of cases involving […]

Filed Under: Circuit Court Decisions, Mortgage Loans Tagged With: FSB, Home Owners Loan Act (HOLA), Ninth Circuit

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