Statute
RESPA
88 published works
MoFo ReEnforcement: The Enforcement Blog
CFPB Bulletin on Marketing Services Agreements: Not Per Se Unlawful, But . . . .
The CFPB on October 8, 2015 issued Compliance Bulletin 2015-05, RESPA Compliance and Marketing Services Agreements (Bulletin). The Bulletin represents another significant signpost along the agency’s continuing journey to limit…
Financial Services Perspectives
Marketing Services Agreements Pose Grave Compliance Risk – Mortgage and Real Estate Industry on Notice
The CFPB issued Compliance Bulletin 2015-05 (Bulletin) today, which sets forth its position concerning the use of Marketing Services Agreements (MSAs) by mortgage companies and settlement service providers. Importantly, the…
MoFo ReEnforcement: The Enforcement Blog
#ThrowbackThursday: No RESPA Respite – Continued
The CFPB continues to crack down on basic RESPA violations. On August 12, 2014, the CFPB announced yet another Consent Order with alleged violations of RESPA. In this case, an…
Civil Procedure & Federal Courts Blog
Ninth Circuit Again Resurrects RESPA Class in Edwards v. First American
Remember Edwards v. First American Corp., the putative class action under RESPA filed in 2007? The Supreme Court granted cert in 2011 on the issue (as…
MoFo ReEnforcement: The Enforcement Blog
Ninth Circuit Finds CFPB Interpretation of RESPA Provision Not Entitled to Deference
On August 24, 2015, the Ninth Circuit found that the CFPB’s interpretation offered in an amicus brief of 12 U.S.C. § 2607(c)(2) of the Real Estate Settlement Procedures Act (RESPA)…
Consumer Finance Spotlight
2nd Circuit Holds “Informational” Letter Sent in Attempts to Comply with REPSA was an Attempt to Collect Debt that Could Violate FDCPA
On August 12, 2015, the Second Circuit revived a putative class action alleging FCI Lender Services Inc. sent notices to mortgage borrowers appearing to initiate debt collections that did not…
Southeast Financial Litigation Monitor
Eleventh Circuit Affirms Dismissal of RESPA Class Action Holding That (1) Mortgage Service Provider’s Procurement of Closing Attorney Is More Than “Nominal” Service and (2) RESPA Does Not Prevent Mortgage Service Provider From Marking Up Price of a Third-Party Service
By Adam Israel, Geremy W. Gregory
The Eleventh Circuit recently affirmed the dismissal of a putative class action relating to the settlement charges a mortgage service provider is allowed to collect under the Real Estate Settlement…
Consumer Finance Monitor
CFPB issues final rule on homeownership counseling requirements
The CFPB has issued a final rule to assist lender compliance with RESPA and TILA homeownership counseling requirements. Under RESPA, a lender must provide applicants for a federally related mortgage…
MoFo ReEnforcement: The Enforcement Blog
April Fool’s – Not
On April 1st, the Bureau issued updated exam procedures on the new TILA and RESPA rules. They cover TILA RESPA Integrated Disclosures (applicable for exams after the August 2015 effective…
Consumer Finance Monitor
CFPB revises TILA, RESPA exam procedures to incorporate integrated disclosures rule
The CFPB has revised the chapters of its Supervision and Examination Manual specific to TILA and RESPA, incorporating the TILA/RESPA integrated disclosures (TRID) requirements that are set to take effect…