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NYDFS Reports Major Cybersecurity Settlement

March 11, 2021 By Michael Young and James Harvey

In early March, the New York Department of Financial Services (NYDFS) announced a settlement involving a $1.5M penalty and mandatory remediation in response to a mortgage lender’s alleged failure to report a cyber breach, and other alleged cybersecurity failures. This enforcement action marks the second public enforcement action under 23 NYCRR Part 500 (the “Cybersecurity Regulation”) (see […]

Filed Under: Online Privacy, Privacy and Cybersecurity, State Law Tagged With: #NYDFS, Cybersecurity

NYDFS Issues Guidance to Mortgage Servicers Regarding Assessment of Registration Fees

September 9, 2020 By Nanci Weissgold and Anoush Garakani

A&B ABstract: On September 1, 2020, the Deputy Superintendent of the New York Department of Financial Services (“NYDFS”), issued guidance (the “Guidance”) to New York State regulated mortgage lenders and servicers (collectively referred to as “Servicers”) regarding fees paid to register mortgages in default. The Guidance reminds Servicers of the restrictions on fees and charges […]

Filed Under: Mortgage Loans, Mortgage Servicing, State Law Tagged With: #NYDFS, #Part419, Mortgage Servicing, Servicing

New York Laws Require Forbearance for Private Mortgage Loans During COVID Emergency

July 3, 2020 By Nanci Weissgold and Ross Speier

A&B ABstract On June 17, 2020, New York Governor Andrew Cuomo signed into law two measures, effective immediately, providing for mortgage forbearances for privately backed residential mortgage loans during the COVID-19 emergency. Senate Bill 8243 (2020 N. Y. Laws 112) amends the N. Y. Banking Law by adding new Section 9-x, “Mortgage Forbearance.”  Senate Bill […]

Filed Under: Consumer Loan, Mortgage Loans, Mortgage Servicing, State Law Tagged With: #NYDFS, Covid-19, Forbearance, Mortgage Servicing

Federal and State Guidance Regarding the COVID-19 Pandemic

March 22, 2020 By Consumer Finance Team

A&B Abstract: The Alston & Bird Consumer Finance team recognizes that this is a period of great uncertainty both for the nation and our clients. We have received numerous questions and concerns regarding what federal and state regulators are doing in light of the COVID-19 pandemic and how their response may affect day-to-day business. We […]

Filed Under: Debt Collection, Department of Housing and Urban Development (HUD), Fair Credit Reporting Act (FCRA), HUD, Licensing, Mortgage Loans, Mortgage Servicing, State Law, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #NYDFS, Covid-19, HUD, licensing, MLO, Mortgage Servicing, Servicing

New York Financial Regulator Requires COVID-19 Risk Assessment, Operational Planning

March 19, 2020 By Michael Young and Amy Mushahwar

Last week the New York Department of Financial Services (the “Department”) issued letters to all its licensed financial institutions. Based on these letters (available here and here), all Department licensees must assess and plan for the financial risk of COVID-19 and, separately, develop operational plans for managing their response to the virus. The Department requires written responses “as […]

Filed Under: Licensing, Mortgage Loans, State Law Tagged With: #NYDFS, Covid-19

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