U.S. Supreme Court Grants Review Regarding RESPA Standing in the Absence of...
On Monday, the U.S. Supreme Court granted certiorari in a proposed class action to determine the scope of a home-buyer’s standing to sue a title insurer company that allegedly violated the Real Estate...
View ArticleCourt Rules Semicolon in Statute Means Force-Placed Insurance Provision of...
In Williams v. Wells Fargo Bank, N.A., Judge Cecilia M. Altonaga of the United States District Court for the Southern District of Florida, ruled that a semicolon contained in the Dodd-Frank Wall...
View ArticleHot Off of the Regulatory Printer -- CFPB Releases Its Proposed “Know Before...
For weeks the Consumer Financial Protection Bureau has been advertising the pending release of its proposed mortgage loan disclosures that “are easier for both consumers and lenders to understand and...
View ArticleTILA Does Not Require a Loan Servicer to Identify the Loan’s Owner
The Ninth Circuit recently sided with a loan servicer who was sued by a borrower for failing to provide him with the loan owner’s information. In Gale v. First Franklin Loan Services et al., 686 F.3d...
View ArticleCFPB Issues Final Rules Amending Regulation X and Regulation Z
Today, the CFPB issued final rules amending Regulation X (Real Estate Settlement Procedures Act (“RESPA”)) and Regulation Z (Truth in Lending Act (“TILA”)). The amendments focus on mortgage servicing...
View Article"Qualified Written Request" Under RESPA – No “Magic” Words, But the Right...
For the first time, the federal Court of Appeals for the Ninth Circuit recently opined on what constitutes a “qualified written request” under the Real Estate Settlement Procedures Act (RESPA), 12...
View ArticleCFPB Gives Heads Up to Mortgage Servicers
During the Great Recession courts expressed frustration with sloppy paperwork and borrowers’ inability to get anyone to help them work out problem loans. Many courts refused to allow mortgage...
View ArticleCFPB Unveils New Integrated Disclosures Under RESPA and TILA
Today, in a broadcast streamed live on the internet, the CFPB unveiled the long awaited final rule that contains the Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act...
View ArticleA Bit of Grace
The Consumer Financial Protection Bureau (CFPB) has finally agreed to bend under the strain of numerous requests from financial industry participants and 255 bi-partisan House members and 41 senators,...
View ArticleCFPB Extends TRID Effective Date to October 1
The Consumer Financial Protection Bureau (“CFPB”) announced that it would provide mortgage lenders with additional time to prepare for the highly anticipated TILA-RESPA Integrated Disclosures...
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