Stay in compliance with the ever-expanding web of mortgage & consumer lending regulations

Recent Articles

The COVID-19 National Emergency is Ending: Are mortgage servicers ready?

California DFPI Digital Asset Lending Regulatory Year in Review

New York Foreclosure Abuse Prevention Act Curtails Servicers’ Options

CFPB Issues Advisory Opinion Warning Against Kickbacks for Mortgage Rate Shopping Platforms

Moving to Address Appraisal Bias, Agencies and the Appraisal Foundation Issue Updates

District Court Dismisses CFPB’s Redlining Case Against Townstone Financial

CFPB Issues Proposed Rule to Establish Public Registry of Supervised Nonbank Form Contract Provisions that Waive or Limit Consumers’ Legal Protections

Trends in Enforcement and Recommendations on Protecting Financial Institutions

Illinois Proposes Rules Implementing Its Community Reinvestment Act for Banks, Mortgage Lenders, and Credit Unions

Supreme Court Wrestles with Scope of Attorney-Client Privilege

CFPB Proposes Nonbank Registry to Focus on Compliance “Recidivism”

New York Amends Disclosure Requirements for Telemarketers

38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

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

HELOCs On the Rise: Is Your Servicing CMS Ready?

CFPB Publishes Fall 2022 Supervisory Highlights

FHA Issues Final Rule on Acceptance of Private Flood Insurance Policies

CFPB Petitions High Court to Consider Decision Holding Funding Structure Unconstitutional

The CFPB’s Funding Structure Held Unconstitutional: The Practical Implications

Is the DOJ (De Facto) Enforcing the Community Reinvestment Act?

CFPB Sues MoneyLion over Membership Program, Uses Military Lending Act as Hook

CSBS Releases Cybersecurity Programs to Help Nonbank Financial Services Institutions Improve Cybersecurity Posture

State Community Reinvestment Acts Reaching Beyond Banks

State Community Reinvestment Acts Reaching Beyond Banks

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

California Settlement Offers Reminder that Buy Now Pay Later Participants are Subject to California Financing Law

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

NMLS Seeks Comments on Proposed Revisions to Company and Individual Disclosure Questions

Rhode Island Expands Lender Licensing for Retail Installment Contracts, Allows Remote MLO Work, and Makes Other Changes to Financial Institutions Laws

Georgia Amends its Residential Mortgage and Installment Loan Laws

Connecticut and Maryland Adopt Model Mortgage Servicer Prudential Standards

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

Eleventh Circuit Finds Monthly Mortgage Statement Containing Boilerplate “This Is An Attempt To Collect A Debt” Language Constitutes A Communication “In Connection With The Collection of A Debt” Under The FDCPA

Joint Trade Associations Reject the CFPB’s “Discrimination-Unfairness” Theory

Did the CFPB Have Authority to Issue its RFI Regarding Employer-Driven Debt?

Second Juneteenth Holiday Raises Tricky Compliance Issues

Maryland Regulator Puts Lenders and Servicers on Notice Regarding the Assessment of So-Called “Convenience Fees”

CFPB Continues Scrutiny of Algorithmic Technology

Client Advisory: One Person’s Junk Fee Is Another’s Treasure

Utah to regulate smaller commercial non-real estate secured financings

PAVE Task Force Issues Action Plan to Address Appraisal Bias

CFPB Issues Bulletin About Auto Repossession, Congressional Republicans Respond

New York Amends Contact Requirements for Certain Delinquent Borrowers

CFPB’s SBREFA Outline on Automated Valuation Models Rekindles Debate over Disparate Impact Liability under the ECOA

Fourth Circuit Rules That a Mortgage Servicer Can Be Liable for FDCPA Violations Even if Not Subject to the FDCPA

Update regarding the BrightSpeed payment processor case

Update Regarding the CFPB’s Buy Now, Pay Later Orders

Is the CFPB using its market monitoring orders to build enforcement cases?

New Proposed Registration Requirements for Covered Financial Products and Services Under the California Consumer Financial Protection Law

Application Deadline Looms Under California Debt Collection Licensing Act

Did the CFPB follow PRA requirements in issuing its Big Tech orders?

New CFPB Chief Rohit Chopra Confirmed by Senate and Takes Immediate Action Against Big Tech Firms

California, New York Create Disclosure Requirements for Commercial Financing Transactions

Modern-Day Redlining Enforcement: A New Baseline

Department of Justice Announces New Civil Fraud Cybersecurity Enforcement Team

Third Party Payment Processors as ‘Covered Persons’: A Return to CFPB Regulation by Enforcement?

Colorado Privacy Act Becomes Third Comprehensive State Privacy Act in the United States

Webinar: “The CFPB Turns 10: Evaluating America’s Youngest Federal Financial Regulator”

Colorado Becomes the Third State to Adopt a General Privacy Law

Upcoming Webinar on Implications of Collins v. Yellen

Biden-Harris Administration Announces Extension of COVID-19 Foreclosure Moratorium

Juneteenth Holiday Raises Tricky TRID Disclosure Issues

Highlights of Washington Department of Financial Institutions’ Recent Mortgage Industry Webinar

The QM Patch Is Down for the Count

The Hunstein Case: Upending Servicing and Debt Collection?

Executive Order Details Cybersecurity Changes For Public And Private Sectors

An Ominous Development in CFPB Supervision

Alston & Bird Welcomes Brendan Clegg

The District of Columbia Continues to Fight the “True Lender” Rule in Court

The CFPB is Sending Mixed Messages on COVID-19 Flexibility

Avoiding Pitfalls During Post-Pandemic Government Investigations

Fannie Mae and Freddie Mac Sunset the QM Patch

What Do the CFPB’s and FTC’s 2020 Debt Collection Activity Forecast for 2021?

CFPB Issues Warning to Mortgage Servicing Industry

Payday Lending: A Juxtaposition of Recent CFPB Actions

CFPB Issues Statement Encouraging Financial Institutions and Debt Collectors to Allow Stimulus Payments to Reach Consumers; Creates Potential Consumer Confusion

Evaluating the CFPB’s Proposed Delay of the QM Rule: Timing Considerations

Consolidated Appropriations Act Includes Temporary Provisions That May Affect Servicers

NYDFS Reports Major Cybersecurity Settlement

Key Takeaways from Chopra’s Nomination Hearing

New Virginia Privacy Law Promises Big Impacts

Texas Court Strikes Down Federal Eviction Moratorium

CFPB Delays Implementation of General “QM” Rule, May Jettison the “Seasoned QM” Rule

New York State Revises Restrictive HECM Foreclosure Law

Virginia Ready to Pass First State Privacy Statute after CCPA

CFPB Brings Action Against Connecticut Mortgage Lender

CFPB Issues Statement Encouraging Work with LEP Consumers

CFPB, NCUA Sign MOU Regarding Cooperation

Federal Court Dismisses Lawsuit Challenging Minnesota Eviction Moratorium

CFPB Issues “Seasoned Qualified Mortgage” Rule

DOJ Trustee Program Settles with Servicers

CFPB Retires the “QM Patch” and Revises QM Rules

OCC’s Final “True Lender” Rule Takes Effect

California AG Proposes Regulatory Changes to CCPA

Alston & Bird Analyzes New Guidance on Remote Work in Client Alert

CSBS Proposes Prudential Standards for Servicers

Could President Biden Appoint an Acting CFPB Director Under the FVRA? Not if He Fires Director Kraninger First

Alston & Bird Analyzes New California Privacy Rights Act in Client Alert

Eleventh Circuit Is Not So Sweet To Consumer Plaintiffs Alleging FACTA Violations

California Enacts Debt Collector Licensure Law