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CFPB Issues Special Edition of Supervisory Highlights Focusing on Junk Fees

March 24, 2023 By Morey Barnes Yost, Caroline Eisner and Patrick Eagan-Van Meter

A&B ABstract: In the 29nd edition of its Supervisory Highlights, the Consumer Financial Protection Bureau (“CFPB”) focused on the impact of so-called “junk” fees in the mortgage servicing, auto servicing, and student loan servicing industries, among others. CFPB Issues New Edition of Supervisory Highlights: On March 8, the CFPB published a special edition of its […]

Filed Under: Auto Loans, Consumer Financial Protection Bureau (CFPB), Consumer Loan, Dodd-Frank Act, Mortgage Servicing, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPA, #CFPB, #mortgageservicing, Mortgage Servicing, Servicing, student loan servicing

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

February 24, 2023 By Anoush Garakani and Nanci Weissgold

A&B Abstract: On January 30, 2023, President Biden informed Congress that the COVID-19 National Emergency (the “COVID Emergency”) will be extended beyond March 1, 2023, but that he anticipates terminating the national emergency on May 11, 2023. The White House Briefing Room reiterated the President’s position on February 10, 2023. Given the significant updates mortgage […]

Filed Under: CARES Act, Consumer Financial Protection Bureau (CFPB), COVID-19, Department of Housing and Urban Development (HUD), Federal Housing Finance Agency (FHFA), Forbearance, HUD, Mortgage Servicing, State Law Tagged With: #CFPB, #mortgageservicing, CARES Act, Covid-19, Forbearance, Servicing

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

February 13, 2023 By Melissa Malpass

A&B ABstract: Last week, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion to address the applicability of the Real Estate Settlement Procedures Act (RESPA)’s Section 8 – the anti-kickback provision – to operators of certain digital technology platforms that enable consumers to comparison shop for mortgages and other real estate settlement services. These […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Mortgage Loans, Real Estate Settlement Procedures Act (RESPA) Tagged With: #CFPB, kickbacks, mortgage lending, RESPA, Section 8

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

February 7, 2023 By Nanci Weissgold, Morey Barnes Yost and Melissa Malpass

A&B ABstract:  A year and a half after President Biden’s announcement of the Interagency Task Force on Property Appraisal and Valuation Equity (“PAVE”), the past weeks have seen a flurry of activity from federal agencies and the Appraisal Foundation to address issues of bias in residential property appraisal.  What should lenders, servicers, and appraisers know? […]

Filed Under: Appraisal and Valuation, Consumer Financial Protection Bureau (CFPB), Fair Housing Act, Mortgage Loans Tagged With: #CFPB, appraisal, bias, discrimination, mortgage lending

District Court Dismisses CFPB’s Redlining Case Against Townstone Financial

February 6, 2023 By Melissa Malpass

A&B ABstract: On Friday, in the CFPB v. Townstone Financial fair lending case, the U.S. District Court for the Northern District of Illinois dismissed with prejudice the complaint filed by the Consumer Financial Protection Bureau (CFPB), holding that the plain language of the Equal Credit Opportunity Act (ECOA) does not prohibit discrimination against prospective applicants. […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Equal Credit Opportunity Act (ECOA), Mortgage Loans Tagged With: #CFPB, #redlining, Case law, Fair Lending, mortgage lending

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