A&B Abstract: Maine’s New Student Loan Bill of Rights requires the licensing of any person acting as “directly or indirectly” as a student loan servicer. What might that mean for passive, secondary market investors in student loan debt? Background On June 20, 2019, Maine Governor Janet Mills signed into law LD 995, Maine’s “Student Loan […]
State Law
Potential Changes to the CCPA; California Senate Considers Amendments
On April 30, we detailed several proposed amendments to the California Consumer Privacy Act (the “CCPA”) that were advancing in the State Assembly (see our previous blog post here). Since then, a number of the proposed amendments passed the Assembly and moved to the California Senate, where they remain under consideration. This past week the Judiciary […]
Connecticut Officially Becomes an Attorney Closing State
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 […]
Maine Creates Mortgage Servicer Duty of Good Faith
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 […]
NYDFS Proposes Overhaul to Mortgage Loan Servicer Business Conduct Rules
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 […]