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RESPA News Monthly <br> June 2022

RESPA News Monthly Edition
RESPA News Monthly
June 2022
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Technology, RESPA compliance and AfBAs
Posted Date: Wednesday, May 18, 2022
The RESPA compliance requirements of affiliated business arrangements (AfBAs) are pretty straightforward. However, these days, the increasing use of technology during the mortgage closing process has led to confusion on exactly how to comply with RESPA’s affiliated business requirements. Mayer Brown LLP partners Holly Spencer Bunting and David Tallman discussed technology and compliance with RESPA AfBA requirements during a spring RESPRO session held in Las Vegas. Read on for their expert tips on electronic affiliated business disclosures, eSign and other legal considerations.

 
CFPB releases report on mortgage-servicing metrics
Posted Date: Wednesday, May 18, 2022
The Consumer Financial Protection Bureau has published a report examining mortgage servicers’ responses to the COVID-19 pandemic. The data, collected across 16 large servicers from May through December 2021, reveal homeowners continue to face significant risks and challenges connected to working with their mortgage servicers.

 
Ninth Circuit reviews RESPA complaint
Posted Date: Wednesday, May 18, 2022
A California district court did not err in dismissing a borrower’s claim she submitted a complete loan modification application and incurred actual damages as a result of an alleged RESPA violation, according to a recent ruling by the Ninth Circuit Court of Appeals.

 
Montana banking commissioner re-appointed to FFIEC committee
Posted Date: Wednesday, May 18, 2022

The Federal Financial Institutions Examination Council has reappointed Melanie Hall to its State Liaison Committee. Hall’s reappointment for her second full two-year term began May 1 and will continue through April 30, 2024.


 
DOJ sues Wisconsin rental property owners
Posted Date: Wednesday, May 18, 2022
The Department of Justice has filed a lawsuit against Richard and Mary Donahue, owners of rental properties in the Janesville, Wis. area, alleging sexual harassment and retaliation in violation of the Fair Housing Act.

 
Fudge testifies on proposed HUD budget
Posted Date: Wednesday, May 18, 2022

Congress is moving forward with the next annual government funding bill, and Department of Housing and Urban Development Secretary Marcia Fudge recently testified about the proposal in two hearings.


 
Tennessee woman sues servicer over ‘improper’ foreclosure sale
Posted Date: Friday, May 13, 2022
A Tennessee woman claimed her servicer improperly conducted a foreclosure sale on her property after she submitted a complete loan modification application. The servicer argued the application was not complete and that it actively sought additional documents from the borrower to prove successor-in-interest status.

 
NS3 Preview: Collaborative workshops offer tips on talent acquisition, marketing, and more
Posted Date: Friday, May 13, 2022

For the first time, the National Settlement Services Summit (NS3) will feature collaborative workshops to help those in the title industry develop plans to attract talented employees, prevent wire fraud, improve their marketing strategy and increase diversity in their offices. The 18th annual NS3 is being held June 1-3 at the Omni Orlando Resort at ChampionsGate in Orlando, Fla. The Collaborative Workshops track will take place Thursday, June 2.


 
CFPB fines debt-relief payment processors
Posted Date: Friday, May 13, 2022
The Consumer Financial Protection Bureau has finalized an enforcement action against debt-relief payment-processors and its co-founders. The bureau said the businesses collected debt-relief fees from consumers, lied to consumers about when the fees would be paid to debt-relief companies and sent illegal advance fees to debt-relief companies before they were legally allowed to do so.

 
NAR: More markets reach double-digit price gains
Posted Date: Friday, May 13, 2022
The first quarter of 2022 saw more markets reach double-digit annual price gains than the previous quarter, according to the National Association of Realtors’ latest quarterly report. Seventy percent of 185 measured metros experienced such price gains, up from 66 percent in the preceding quarter.

 
HUD swears in new assistant secretary
Posted Date: Friday, May 13, 2022
The Department of Housing and Urban Development (HUD) has a new assistant secretary for administration. Elizabeth de León Bhargava was sworn in May 12 by HUD Secretary Marcia Fudge during a ceremony at HUD’s headquarters. Bhargava was confirmed by the Senate on May 3.

 
CFPB issues fair lending advisory opinion
Posted Date: Wednesday, May 11, 2022
The Consumer Financial Protection Bureau has published an advisory opinion to affirm that the Equal Credit Opportunity Act bars lenders from discriminating against customers after they have received a loan, not just during the application process. Read on for details from the bureau’s advisory.

 
Chopra: CFPB focusing on financial services markets
Posted Date: Wednesday, May 11, 2022
The Consumer Financial Protection Bureau has released its annual Fair Lending Report to Congress, detailing the important fair lending work undertaken in 2021, which focused on racial and economic equity issues and the COVID-19 recovery. One focus will be the future of financial services markets and how they can reinforce historical biases.

 
HUD issues antidiscrimination marketing guidance
Posted Date: Wednesday, May 11, 2022

The Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity has released new guidance to reinforce requirements that HUD-subsidized multifamily housing’s marketing and application processes be designed to be inclusive of persons of all races and national origins.


 
Ohio borrower sues servicer over escrow fees
Posted Date: Wednesday, May 11, 2022

An Ohio borrower accused her servicer of erroneously increasing her monthly escrow fees and then failing to respond to her notice of errors to remedy the issue. The borrower alleged she suffered financial and emotional damages from the alleged RESPA and TILA violations. The servicer argued it did not cause the plaintiff’s alleged injuries.


 
HUD announces $20 million to expand eviction protection efforts
Posted Date: Wednesday, May 11, 2022

The Department of Housing and Urban Development announced $20 million in new grants for its Eviction Protection Grant Program, doubling the amount originally allocated when the program was launched in November.


 
Pending home sales fall again
Posted Date: Wednesday, May 11, 2022

Pending home sales dropped in March, signifying five straight months that contract activity has declined, according to the National Association of Realtors. Month-over-month, only the Northeast saw an increase in contract signings, while the three other major U.S. regions experienced declines in transactions. All four regions reported decreases in year-over-year contract activity.


 
Washington judge dismisses NAR’s counterclaim against REX
Posted Date: Friday, May 6, 2022

A federal judge has dismissed a counterclaim filed by the National Association of Realtors (NAR) against a real estate technology company. NAR argued REX has harmed the trade group with allegedly false claims that REX offers low commissions and has superior technology, that NAR has artificially inflated commissions and hindered the development of technology for home listings, and that NAR has engaged in unlawful or unfair conduct.


 
Critical defect rate drops
Posted Date: Friday, May 6, 2022
A shift to a purchase-driven market led to an increase in purchase defects in the third quarter of 2021, according to the latest QC Trends Report from ACES Quality Management. However, the report showed a decrease in the overall critical defect rate. Read on for insight from ACES Executive Vice President Nick Volpe and CEO Trevor Gauthier.

 
FHFA releases five-year strategic plan
Posted Date: Friday, May 6, 2022
The Federal Housing Finance Agency (FHFA) has issued its new strategic plan through 2026. The plan provides a framework that outlines the agency’s priorities for the coming years as regulator of the Federal Home Loan Bank System and as regulator and conservator of Fannie Mae and Freddie Mac.

 
HUD to create affordable housing units
Posted Date: Friday, May 6, 2022
The Department of Housing and Urban Development (HUD) announced it has 34 projects in the works to create 1,847 deeply affordable rental homes through its “Faircloth-to-RAD” initiative. The initiative is a new pathway that allows public housing agencies to leverage their “Faircloth Authority” to create new affordable, rent-assisted housing through the Rental Assistance Demonstration (RAD).

 
Realtors seeing green
Posted Date: Friday, May 6, 2022

The number of Realtors involved with buying or selling properties with green features has significantly increased in the past year, according to a recent study from the National Association of Realtors (NAR).

The 2022 Realtors and Sustainability Report surveyed NAR members nationwide regarding sustainability issues currently facing the real estate industry.


 
Circuit Court rules against NAR in ‘pocket listings’ lawsuit
Posted Date: Thursday, May 5, 2022
The leading network of “off-market listings” has won its latest battle against the National Association of Realtors. The Ninth Circuit Court of Appeals has unanimously reversed a district court’s decision to dismiss a 2020 lawsuit filed by PLS, which alleged its competitors in the real estate network services market violated antitrust laws by conspiring to prevent it from gaining a foothold in the market.

 
NS3 Preview: Compliance track focuses on RESPA
Posted Date: Thursday, May 5, 2022

The industry is constantly dealing with a variety of compliance issues, from RESPA compliance and state regulations to ways to securely transfer funds. During the National Settlement Services Summit (NS3), June 1-3 at the Omni Orlando Resort at ChampionsGate in Orlando, Fla., attendees will hear from speakers on these topics and more.


 
FHFA brings back URLA preferred language question
Posted Date: Thursday, May 5, 2022
The Federal Housing Finance Agency has announced that Fannie Mae and Freddie Mac will require lenders to use the Supplemental Consumer Information Form as part of the application process for loans that will be sold to the government-sponsored enterprises. Previous plans to include a language preference question in the redesigned Fannie Mae/Freddie Mac Uniform Residential Loan Application were abandoned in August 2019 by the Trump administration.

 
CFPB penalizes Bank of America $10 million
Posted Date: Thursday, May 5, 2022
The Consumer Financial Protection Bureau (CFPB) has finalized an enforcement action against Bank of America for allegedly processing illegal, out-of-state garnishment orders against its customers’ bank accounts. Read on for details from the CFPB.

 
HUD charges St. Louis developer with disability discrimination
Posted Date: Thursday, May 5, 2022

The Department of Housing and Urban Development has accused the developers and owners of an 84-unit apartment complex in St. Louis with failing to design and construct the complex’s covered dwellings and public areas so they are accessible to people with disabilities.


 
Former Atlanta mayor, Trump adviser headline Realtor forum
Posted Date: Thursday, May 5, 2022

Former Atlanta Mayor Keisha Lance Bottoms and Ja’Ron Smith, former adviser to President Donald Trump, brought their insight and expertise on fair housing issues to the Federal Legislative and Political Forum at the 2022 Realtors Legislative Meetings in National Harbor, Md. The pair gave a behind-the-scenes take on the current political environment from their experiences in government.


 
Chopra testifies before Congress on new enforcement goals
Posted Date: Monday, May 2, 2022
Consumer Financial Protection Bureau Director Rohit Chopra said he plans to refocus enforcement on repeat offenders and big-industry players. Chopra appeared last week before the Senate Banking Committee and House Financial Services Committee for the agency’s semi-annual report to Congress.

 
Trepeta discusses RESPA trends
Posted Date: Monday, May 2, 2022

In our executive interview series, RESPRO President and Executive Director Ken Trepeta discusses fair lending/fair servicing issues, Consumer Financial Protection Bureau Rohit Chopra’s so-called “Equity Agenda,” the Equal Credit Opportunity Act and the Community Reinvestment Act, and more. Watch for Trepeta’s expert analysis.


 
Virginia man whose home was sold in foreclosure files TRID lawsuit
Posted Date: Monday, May 2, 2022

A Chester, Va., man alleged his servicer violated TRID throughout a 2016 foreclosure on his property. The borrower claimed the servicer failed to properly review and process his loss-mitigation application, charged him excess fees without explanation and failed to credit him surplus proceeds from the foreclosure sale. The servicer argued the borrower’s claims are time barred. Read on to see how a judge ruled.


 
CFPB takes action to hold fintechs accountable
Posted Date: Monday, May 2, 2022
The Consumer Financial Protection Bureau will invoke a largely unused legal provision to examine nonbank financial companies that pose risks to consumers. The CFPB said this will help protect consumers and level the playing field between banks and nonbanks. The bureau is also seeking public comments on a procedural rule to make this process more transparent.

 
FinCEN issues advisory on kleptocracy
Posted Date: Monday, May 2, 2022
The Financial Crimes Enforcement Network has issued an advisory on kleptocracy and foreign public corruption and is asking financial institutions to focus their efforts on detecting the proceeds of foreign public corruption.

 
NAR: Land sales best in a decade
Posted Date: Monday, May 2, 2022
The land market had its best year in nearly 10 years in 2021 as land sales rose 6 percent, according to a new report from the National Association of Realtors and the Realtors Land Institute. Residential land sales accounted for 59 percent of all land sales last year. Read on for details.

 
Jailed Virginia man sues servicer for failing to provide leniency while behind bars
Posted Date: Friday, April 22, 2022

A Virginia man claimed his servicer violated RESPA by not properly responding to his request for information (RFI) on his mortgage loan while he served a jail sentence. In its motion to dismiss, the servicer argued it had no duty to respond because the letter was a “request for leniency” – not a true RFI. Read on to see how the court ruled.


 
HUD accuses Bank of America of mortgage discrimination
Posted Date: Friday, April 22, 2022

The Department of Housing and Urban Development (HUD) has signed a conciliation agreement with Bank of America, N.A., and one of its loan officers to resolve allegations of familial status and sex discrimination. The bank and Loan Officer Hung Tran refused to approve a residential mortgage for a couple until after one of the applicants returned to work from maternity leave, according to HUD.


 
CFPB studies 'banking deserts'
Posted Date: Friday, April 22, 2022
The Consumer Financial Protection Bureau (CFPB) has issued a report on the challenges faced by Americans in rural communities. Because many of these communities lack access to physical bank branches, are more likely to seek credit from nonbanks and are heavily affected by medical bills, the CFPB will be expanding its efforts to address these and other challenges facing the people and families of rural America.

 
Existing-home sales drop
Posted Date: Friday, April 22, 2022
Existing-home sales decreased in March, marking two consecutive months of declines, according to the National Association of Realtors (NAR). Month-over-month, sales in March decreased in three of the four major U.S. regions while holding steady in the West. Sales were down across each region year-over-year.

 
CFPB, NY AG sue remittance provider
Posted Date: Friday, April 22, 2022
The Consumer Financial Protection Bureau and New York Attorney General Letitia James have filed a lawsuit against MoneyGram International, Inc. and MoneyGram Payment Systems, Inc. —one of the largest remittance providers in the U.S.—for allegedly systemically and repeatedly violating various consumer financial protection laws. Read on for details.

 
HUD releases first Equity Action Plan
Posted Date: Friday, April 22, 2022

The Department of Housing and Urban Development (HUD) has released its first Equity Action Plan.  “Equity is central to HUD’s founding principles and the daily work we do as a department,” HUD Secretary Marcia Fudge said. “We are excited to take this opportunity to join the rest of the federal government in emphasizing our commitment to making equity a leading compass within this administration.”


 
FHA adds 40-year mortgage modification option
Posted Date: Wednesday, April 20, 2022
The Federal Housing Administration (FHA) is adding a 40-year mortgage modification option for mortgage servicers to use in conjunction with its partial claim option to assist additional borrowers who are behind on their mortgage payments. Meanwhile, FHA has published a proposed rule to solicit public comments on an idea to allow servicers to provide a permanent 40-year term to its loss mitigation options. Read on for details.

 
NS3 Preview: The latest innovations in title insurance ​
Posted Date: Wednesday, April 20, 2022

At the 2022 National Settlement Services Summit (NS3), taking place June 1-3 in Orlando, Fla., several sessions will examine the cutting edge of innovations in the title space, including with cryptocurrency, remote online notarization (RON) and cybersecurity. Other sessions cover the latest in cash-offer programs, sales techniques and how to future-proof your business.


 
Georgia man files forced-placed insurance lawsuit
Posted Date: Wednesday, April 20, 2022

A Georgia man accused his servicer of charging him forced-placed hazard insurance fees even though he had his own coverage. The servicer argued it had a reasonable basis for obtaining force-placed insurance on the borrower’s property. Read on for the latest in the case.


 
HUD signs racial equity agreement with housing provider
Posted Date: Wednesday, April 20, 2022

The Department of Housing and Urban Development has entered into a voluntary compliance agreement with JCL Management, LLC and Pilot Cove Manor Housing Development Fund Company, Inc., resolving a compliance review concerning non-discrimination in marketing and tenanting procedures.


 
CFPB releases annual FDCPA report
Posted Date: Wednesday, April 20, 2022

The Consumer Financial Protection Bureau recently submitted its annual report to Congress on the Fair Debt Collection Practices Act. The report found some supervised debt collection entities have reported an increase in consumer contacts and payments. Several of these entities attributed the increased performance to more consumers being at home, reduced spending and increased liquidity provided by pandemic-assistance programs.


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CFPB asks to vacate settlement with Townstone, citing misconduct by CFPB


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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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