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RESPA News Monthly <br> January 2020

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January 2020
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DOJ settles Hawaii discrimination suit
Posted Date: Thursday, December 17, 2020

The Department of Justice (DOJ) has reached a settlement with the owners and managers of housing in Honolulu to resolve a lawsuit filed last year alleging the defendants refused to rent to families with children.

The complaint alleged the defendants discriminated against families with children by refusing to rent three properties to people based on familial status, among other things.

Read on for more from the DOJ.


 
HUD awards $46 million to help at-risk veterans
Posted Date: Thursday, December 17, 2020
The Department of Housing and Urban Development (HUD) is making ending veteran homelessness a big priority in 2021 with millions in rental assistance and housing vouchers.

The supportive housing assistance is provided through the HUD-Veterans Affairs Supportive Housing (HUD-VASH) Program, which combines rental assistance from HUD with case management and clinical services provided by the VA. 

Read on for details from HUD.


 
Schulman gives the dos and don’ts of holiday gift giving
Posted Date: Thursday, December 19, 2019

Small tokens of appreciation from a title agent to a partner, affiliate or client are typical all year long.

But around the holidays, some people are tempted to ignore common sense when it comes to remaining RESPA-compliant.

Mayer Brown LLC partner Phil Schulman told RESPA News that compliance means fighting temptations, whether it’s a Thursday in August or it’s Christmas morning. Read on for more of his tips.


 
Fitch: SFA guidance good for TRID reviews
Posted Date: Thursday, December 19, 2019

The Structured Finance Association has released new guidance designed to create a uniform testing standard as a result of a consistent TRID interpretation of prevailing legal precedent and informal written guidance and webinars offered by the Consumer Financial Protection Bureau across third-party review firms.

The TRID Grid 3.0 guidance is expected to mean residential mortgage-backed securities will be more focused on material TRID compliance errors.

Fitch Ratings said the new guidance “is particularly helpful.” Read on for more from Fitch.


 
Groups call on Kavanaugh to recuse himself from CFPB case
Posted Date: Thursday, December 19, 2019

While a judge on the D.C. Circuit Court of Appeals, U.S. Supreme Court Justice Brett Kavanaugh wrote two opinions declaring the Consumer Financial Protection Bureau is unconstitutionally structured.

Therefore, he can’t be impartial when the high court hears oral arguments in a different case that will decide the constitutionality of the agency, consumer advocacy groups say.

Read on to learn what Demand Justice, Demand Progress Education Fund, Revolving Door Project and Allied Progress are arguing.


 
HUD gets boost in appropriations bill
Posted Date: Thursday, December 19, 2019

The House of Representatives has passed a bill that provides a total of $49.1 billion for the Department of Housing and Urban Development. 

That amount is $4.9 billion above the 2019 enacted level and $12.4 billion above President Donald Trump’s budget request. 

The bill also provides for $126 million to the Financial Crimes Enforcement Network and $331 million for the Federal Trade Commission. Read on for more details about the appropriations.


 
Appropriations includes NFIP, TRIA legislation
Posted Date: Thursday, December 19, 2019

The House of Representatives has passed a spending package funding the federal government for fiscal year 2020 that provides authority for the National Flood Insurance Program (NFIP) through Sept. 30.

The bill also extends several tax provisions important to real estate markets and reauthorizes the Terrorism Risk Insurance Act (TRIA) for seven years.

Read on for details about the package, plus reaction from National Association of Realtors President Vince Malta.


 
Borrower claims lender forced him to evade RESPA
Posted Date: Monday, December 16, 2019

A Michigan borrower claimed his lender required him to put his residential property into a separate commercial entity to circumvent the requirements of RESPA, TILA and the Dodd-Frank Act.

The lender then allegedly failed to properly respond to a notice of error (NOE) regarding an erroneous amount of unpaid property taxes after initiating foreclosure proceedings when the borrower allegedly defaulted on two separate mortgages.

The lender argued the borrower’s RESPA claim should be dismissed because the loan was commercial, not residential.


 
CFPB releases mortgage servicer report
Posted Date: Monday, December 16, 2019

The Consumer Financial Protection Bureau (CFPB) has released a new report examining the differences between large and small mortgage servicers.

The report explores the role servicers of different sizes play in the mortgage market where size is defined by the number of loans serviced.

Read on for details from the CFPB’s findings, which it said will help the bureau better understand developments in the mortgage market and the effects of its regulations.


 
CFPB publishes Fall rulemaking agenda
Posted Date: Monday, December 16, 2019

The Consumer Financial Protection Bureau has issued its latest timeline to issue rules since Director Kathy Kraninger embarked on a listening tour early in 2019.

The bureau’s Fall 2019 Unified Agenda lists the regulatory matters that the bureau reasonably anticipates having under consideration from now until Sept. 30.

Read on to see what the bureau’s priorities are in the coming months.


 
Kraninger marks first year in charge of CFPB
Posted Date: Monday, December 16, 2019

Consumer Financial Protection Bureau (CFPB) Director Kathy Kraninger celebrated her one-year anniversary leading the agency Dec. 11.

In recognition of the time, the bureau released information of activities which have taken place under Kraninger’s watch over the past 12 months.

Read on for reaction from Kraninger and some of the highlights of her first year on the job.


 
Realtor groups urging House to pass trade deal
Posted Date: Monday, December 16, 2019

The National Association of Realtors (NAR) has joined with the Canadian Real Estate Association (CREA) and the Asociacion Mexicana de Profesionales Inmobiliarios (AMPI) in support of the U.S., Mexico and Canada (USMCA) Trade Agreement.

In a recent letter to Speaker of the House Nancy Pelosi and Minority Leader Kevin McCarthy, the trade groups said the agreement would have a positive economic impact on the real estate sector across the continent.

Read on for details from the letter.


 
HUD awards $200 million in Native American communities
Posted Date: Monday, December 16, 2019

The Department of Housing and Urban Development (HUD) has allocated nearly $200 million in grant awards to 52 Native American tribes and tribally designated housing entities (TDHEs) for new housing construction, housing rehabilitation and critical infrastructure projects.

HUD announced the grants during the 2019 National American Indian Housing Council (NAIHC) Legal Symposium in Las Vegas.

Read on for more details on the grants, which were awarded nationwide.


 
Seila Law: Don’t rule on constitutionality remedy
Posted Date: Thursday, December 12, 2019

An Orange County, Calif. law firm appealing a civil investigative demand is arguing that the U.S. Supreme Court does not need to rule on the constitutionality remedy for the Consumer Financial Protection Bureau (CFPB) to invalidate its action against the company.

Seila Law filed its first brief with the Supreme Court this week in its case, which is scheduled to be heard in March 2020.

Read on to see why Seila Law disagrees with the Department of Justice’s stance that 12 U.S.C. §5491(c)(3) should be severed from the Dodd-Frank Act if the CFPB is found unconstitutional on the basis of the separation of powers.


 
Senate Banking Committee approves Montgomery
Posted Date: Thursday, December 12, 2019

In a final 20-5 vote, the Senate Banking Committee approved the nomination of Brian Montgomery to be the Department of Housing and Urban Development’s (HUD) deputy secretary.

The nomination now will go before the full Senate for consideration.

Read on for more details on Montgomery, who has served as HUD’s acting deputy secretary since January.


 
Regulatory agencies issue alternative data guidance
Posted Date: Thursday, December 12, 2019

Five federal financial regulatory agencies have issued a joint statement on the use of alternative data in underwriting by banks, credit unions and non-bank financial firms.

The statement from the Federal Reserve, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corp., the Office of the Comptroller of the Currency and the National Credit Union Administration notes the benefits that using alternative data may provide to consumers.

Read on for more from the agencies.


 
Economist panel: ‘Small’ chance of recession in 2020
Posted Date: Thursday, December 12, 2019

The industry received encouraging news Wednesday at the National Association of Realtors’ (NAR) first Real Estate Forecast Summit.

A group of top economists predicted a less than 1 in 3 chance – or 29 percent – of a recession in 2020.

Read on to see the consensus on the future of real estate prices, 30-year fixed mortgage rates and annual median home prices.


 
Stratmor: Mortgage lenders need companywide vision
Posted Date: Thursday, December 12, 2019

Mortgage lenders know the importance of vision statements to drive a better borrower experience. The challenge however, is getting that vision to catch fire within the whole organization. Mortgage advisory firm Stratmor Group has tips on how lenders can translate a customer experience vision from leadership to loan originator. Read on for suggestions from Stratmor MortgageSAT Director Mike Seminari on how lenders can ensure their customer experience vision is embraced.


 
Sweepstakes winners revealed
Posted Date: Thursday, December 12, 2019

After a strong response to the October Research 20th Anniversary Sweepstakes, we now reveal the winners, including the winner of our complimentary registration to the 2020 National Settlement Services Summit. Read on for more.


 
What’s the value of digital advertising agreements?
Posted Date: Monday, December 9, 2019

Real estate advertising used to be so simple. 

You’d buy a newspaper ad based on the number of column inches, a radio or TV spot based on the spot’s length or an outdoor billboard based on the size. 

But the digital world has made things a lot more complicated. Read on to see what MLinc Solutions, an independent provider of services agreement valuations, advises on how digital advertising drives costs and how you can remain compliant.


 
HUD seeks comment on regulatory barriers to affordable housing
Posted Date: Monday, December 9, 2019

The Department of Housing and Urban Development (HUD) is asking members of the public to help identify regulations and practices that unnecessarily impede housing supply.

HUD has published a request for information (RFI) seeking public comment on laws, regulations, land use requirements and administrative practices that artificially raise the costs of affordable housing development and contribute to shortages in America’s housing supply.

Read on to see how you can make your voice heard.


 
California borrowers accuse servicer of improperly responding
Posted Date: Monday, December 9, 2019

A California couple accused their servicer of failing to provide adequate written notice that their loan modification application was incomplete and then not giving them an opportunity to appeal prior to closing the review.

Their servicer argued the RESPA claim failed because it was a second modification request and because the application was incomplete.

Read on to find out why a judge denied the bank’s motion to dismiss the RESPA claims.


 
Regulators issue hemp guidance for banks
Posted Date: Monday, December 9, 2019

Four federal agencies in conjunction with the state bank regulators issued a joint statement clarifying the relevant requirements for banks providing services to hemp-related businesses.

The statement affects bank customers engaged in the growth or cultivation of hemp in accordance with applicable laws and regulations.

Read on for details from the statement issued by the Federal Reserve Board of Governors, the Federal Deposit Insurance Corp., Financial Crimes Enforcement Network, the Office of the Comptroller of the Currency and the Conference of State Bank Supervisors.


 
House Democrats ask HUD not to change disparate impact
Posted Date: Monday, December 9, 2019

Democratic members of the House Financial Services Committee are urging the Department of Housing and Urban Development (HUD) not to make changes to the disparate impact standard.

The lawmakers wrote HUD Secretary Ben Carson that the agency’s proposed changes would make it harder for everyday Americans who find themselves victims of housing discrimination to get justice. Read on for more from the letter, signed by every Democratic committee member.


 
McGlinchey Stafford welcomes experienced regulatory attorney to Cleveland office
Posted Date: Friday, December 6, 2019
McGlinchey Stafford PLLC is pleased to announce that Aaron Kouhoupt has joined the firm’s Consumer Financial Services Regulatory Compliance team in Cleveland as Of Counsel.

 
BarkerGilmore adds former MasterCard worldwide executive to senior advisor roster
Posted Date: Friday, December 6, 2019
Noah Hanft, who most recently served as General Counsel, Corporate Secretary and Chief Franchise Officer for MasterCard Worldwide, has joined the advisory and coaching division of BarkerGilmore, a New York-based boutique executive search firm.

 
McNees attorneys recognized by Super Lawyers
Posted Date: Friday, December 6, 2019
Three McNees Wallace & Nurick LLC attorneys have been selected to the 2020 Ohio Super Lawyers and Rising Stars lists.

 
Servicer accused of paying for referrals with stamps
Posted Date: Monday, December 2, 2019

A class action lawsuit alleging a mortgage servicer charged borrowers for kickbacks it made to a title company in U.S. postage stamps is allowed to proceed in a Maryland federal court. 

As a result of the scheme, the plaintiffs said they were overcharged for settlement services, and the payment of kickbacks was a patent violation of RESPA. 

Read on for details on the judge’s opinion denying the servicer’s motion to dismiss.


 
Oral arguments set in CFPB constitutionality case
Posted Date: Monday, December 2, 2019

Oral arguments have been scheduled in a case that will decide the constitutionality of the Consumer Financial Protection Bureau (CFPB).

Seila Law, an Orange County, Calif. law firm appealing a civil investigative demand (CID) request, had petitioned the Supreme Court to rule on a lawsuit that makes an argument for abolishing the bureau and every regulation enacted by it.

Read on for the latest details on the case.


 
Kraninger: New no-action letter policy eases RESPA concerns
Posted Date: Monday, December 2, 2019

The Consumer Financial Protection Bureau (CFPB) is making more of an effort to provide financial services providers with clear rules of the road to encourage innovation and ease regulatory fears, agency Director Kathy Kraninger said.

Kraninger was the keynote speaker Nov. 21 at The Clearing House + Bank Policy Institute’s (BPI) annual conference in New York City.

She provided attendees an update on its three innovation policies and discussed the latest in supervision and enforcement.


 
CFPB sues background screening company
Posted Date: Monday, December 2, 2019

The Consumer Financial Protection Bureau (CFPB) has filed a lawsuit against an employment background screening company.

The bureau accused the company of failing to employ reasonable procedures to ensure the maximum possible accuracy of information in its consumer reports.

Read on for details of the case, which recently was settled in the U.S. District Court for the Southern District of New York, including how much the company has agreed to pay affected consumers.


 
‘Deceptive’ military travel company given suspended restitution
Posted Date: Monday, December 2, 2019

The Consumer Financial Protection Bureau (CFPB) has filed proposed settlements against a military travel lender accused of violating the Consumer Financial Protection Act (CFPA) by misrepresenting the true cost of credit.

The proposed settlements against the Kentucky-based lender quoted falsely low monthly interest rates over the telephone to consumers and failed to provide consumers required information about the terms of credit, among other violations.

Read on for details about the settlement.


 
HUD awards more than $130 million for disability housing
Posted Date: Monday, December 2, 2019

The Department of Housing and Urban Development (HUD) has awarded $131.3 million to 325 local public housing authorities across the country to provide affordable housing to 15,363 additional non-elderly persons with disabilities.

HUD Secretary Ben Carson made the national announcement during a recent visit to Detroit.

Read on for details about the assistance program.


 
Butler Snow expands Baton Rouge office
Posted Date: Wednesday, November 27, 2019

Butler Snow is expanding the firm’s Baton Rouge, La., office as the attorneys of Kantrow Spaht Weaver & Blitzer (APLC) will join the firm on Jan. 1, bringing the total number of attorneys locally to 24 and more than 385 attorneys firm-wide.


 
Wolters Kluwer rises in Chartis RiskTech100 rankings
Posted Date: Tuesday, November 26, 2019

Wolters Kluwer has been named 2019 Category Winner for both its regulatory reporting as well as liquidity risk capabilities in the Chartis RiskTech100 report, an annual, comprehensive study of the world’s leading risk and compliance technology companies. Wolters Kluwer moved up six places from the 2018 report, finishing No. 8 overall.


 
Banking committee discusses Montgomery nomination
Posted Date: Monday, November 25, 2019

For the second time in less than two years, the Senate Banking Committee is considering whether to approve the nomination of Brian Montgomery to be a top executive at the Department of Housing and Urban Development (HUD).

If Montgomery, the Federal Housing Administration (FHA) commissioner, is favorably recommended as HUD deputy secretary, the nomination will go before the full Senate for consideration.

Read on for reaction from Democratic and Republican committee members and the Mortgage Bankers Association.


 
Schulman, Bunting webinar addresses marketing concerns
Posted Date: Monday, November 25, 2019

With the renewed popularity in marketing services agreements and other strategic alliances between real estate service providers, October Research, LLC put together a two-part webinar series with two industry experts to shed light on whether a certain business opportunity is legal.


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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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