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RESPA News Monthly <br> October 2021

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RESPA News Monthly
October 2021
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Kider and Levy answer your RESPA questions
Posted Date: Thursday, September 23, 2021
As two of the nation’s top RESPA attorneys, Mitch Kider and Brian Levy often handle evergreen issues continuously raised by clients. The pair were at the National Settlement Services Summit (NS3) to discuss frequently asked questions on how to interpret RESPA Section 8(a), which was enacted to stop payments for referrals.

 
Montgomery discusses future of real estate as forbearance programs end
Posted Date: Thursday, October 7, 2021
CARES Act Mortgage Payment Forbearance options are set to expire soon, meaning an estimated 1.2 million Federal Housing Administration (FHA) borrowers are in danger of losing their homes. That worry is certainly the main priority of FHA leaders now, former Department of Housing and Urban Development Deputy Secretary Brian Montgomery said.

 
Washington borrower files TRID lawsuit against servicer
Posted Date: Thursday, October 7, 2021
A Washington borrower claimed his servicer initiated foreclosure proceedings without communicating with him about the deed in trust. The borrower filed a lawsuit in August 2020 against the servicer for alleged TRID violations.

 
NAR examines real estate in a digital age
Posted Date: Thursday, October 7, 2021
When the National Association of Realtors conducted its first National Homebuying Survey in 1981, newspaper ads were the most important rated information source in the home search (after agents). The trade association recently released a new report showing technology’s current role in the buying and selling of homes.

 
FinCEN calls attention to online sexual exploitation crimes
Posted Date: Thursday, October 7, 2021
The Financial Crimes Enforcement Network issued a notice to call attention to an increase in online child sexual exploitation (OCSE). The notice provides financial institutions with specific suspicious activity report filing instructions, and highlights some financial trends related to OCSE.

 
HUD charges Houston landlords with disability discrimination
Posted Date: Thursday, October 7, 2021
The Department of Housing and Urban Development has charged the owners of several residential properties in Houston with violating the Fair Housing Act by refusing to rent a house for use as a group home for persons with mental disabilities.

 
FHA adds more COVID-19 relief options
Posted Date: Thursday, October 7, 2021

The Federal Housing Administration has announced new and extended COVID-19 relief options for borrowers struggling to make their mortgage payments because of the pandemic and for senior homeowners with Home Equity Conversion Mortgages who need assistance to remain in their homes.


 
Alaska borrowers’ actual damages claim against mortgage lender may proceed
Posted Date: Friday, October 1, 2021

An Alaska couple accused their non-bank lender of failing to give them notice before accelerating their mortgage loan. The couple also claimed the lender failed to give them notice of the time and place of a foreclosure sale before conducting it.


 
Schulman to headline RESPRO fall conference
Posted Date: Friday, October 1, 2021
RESPRO’s 2021 fall conference opens in Scottsdale, Ariz. with Phil Schulman, senior counsel at Mayer Brown LLP, kicking off the three-day festivities Monday with a master class on the Art of Joke Telling. Schulman also will be leading the opening general session with Foley & Lardner Partner Jay Varon in a no-holds barred Q&A chat.

 
Pending home sales recovering
Posted Date: Friday, October 1, 2021
Pending home sales rebounded in August, recording significant gains after two prior months of declines, according to the National Association of Realtors. Each of the four major U.S. regions had month-over-month growth in contract activity.

 
FHFA extends availability of COVID-19 multifamily forbearance
Posted Date: Friday, October 1, 2021
The Federal Housing Finance Agency announced Fannie Mae and Freddie Mac will continue to offer COVID-19 forbearance to qualifying multifamily property owners as needed, subject to the continued tenant protections FHFA has imposed during the pandemic. This is the fourth extension of the programs, which were set to expire Sept. 30.

 
HUD appoints new Housing Counseling Commitee members
Posted Date: Friday, October 1, 2021
The Department of Housing and Urban Development has appointed six new members to its Housing Counseling Federal Advisory Committee, and re-appointed two current members. In addition, HUD announced it intends to expand the committee from eight members back to 12 as authorized by statute.

 
NAR files breach of settlement petition against DOJ
Posted Date: Thursday, September 16, 2021

The National Association of Realtors has filed a petition to quash a request by the Department of Justice (DOJ) to withdraw its consent to a proposed settlement in an antitrust lawsuit. The DOJ alleged the trade association established and enforced certain rules and policies that illegally restrained competition in residential real estate services.


 
CFPB: Credit access increased for mortgages during pandemic
Posted Date: Thursday, September 16, 2021

Access to new credit has tightened for credit cards since the start of the COVID-19 pandemic, but loosened for mortgages and auto loans, according to a new report by the Consumer Financial Protection Bureau. During the last recession in the late 2000s, creditors sharply pulled back on the availability of all types of credit to reduce their risk.


 
California DFPI watching mortgage servicers closely
Posted Date: Thursday, September 16, 2021

As some pandemic foreclosure protections end, the Department of Financial Protection and Innovation (DFPI) is making sure mortgage servicers comply with state and federal laws protecting homeowners from COVID-19-related financial insecurity and inform eligible consumers about mortgage relief funds. The DFPI will require servicers to provide information about the actions they are taking to help homeowners avoid foreclosure.


 
HUD issues more regulatory waivers
Posted Date: Thursday, September 16, 2021

The Department of Housing and Urban Development announced 27 more regulatory and administrative waivers aimed at helping communities in New Jersey and New York accelerate their recovery from the remnants of Hurricane Ida. The announcement followed similar waivers issued earlier this month for communities initially hit by the hurricane.


 
Student loan debt stopping millenials from homeownership
Posted Date: Thursday, September 16, 2021

Sixty percent of non-homeowning millennials say student loan debt is delaying their ability to buy a house, according to a new National Association of Realtors (NAR) poll. NAR’s findings showed millennials are by far the most affected population among those burdened with high student debt.


 
HUD unveils research to increase affordable housing supply
Posted Date: Monday, September 13, 2021

The Department of Housing and Urban Development has released new research on ways state and local governments can remove regulatory barriers to affordable housing and increase housing supply. The new report kicks off a series of actions the agency is taking as part of the Biden-Harris administration’s plan to create, preserve, and sell nearly 100,000 additional affordable homes for homeowners and renters across the country over the next three years.


 
NAHREP responds to White House plan to increase affordable housing
Posted Date: Monday, September 13, 2021
The National Association of Hispanic Real Estate Professionals (NAHREP) is supporting the Biden-Harris administration’s recent announcement on federal actions and commitments to increase housing supply. “The housing inventory crisis is the No. 1 barrier Latinos face on their road toward homeownership,” NAHREP co-founder and CEO Gary Acosta said.

 
Online lender in hot water again with CFPB
Posted Date: Monday, September 13, 2021

The Consumer Financial Protection Bureau has filed a lawsuit accusing LendUp Loans, LLC of violating a 2016 consent order and deceiving tens of thousands of borrowers. The bureau previously ordered LendUp to pay $1.83 million in consumer redress and a $1.8 million civil penalty and to stop misleading consumers with false claims about the cost of loans and the benefits of repeated borrowing.


 
CFPB takes action against student lender
Posted Date: Monday, September 13, 2021

The Consumer Financial Protection Bureau (CFPB) has issued a consent order against an income share agreement (ISA) provider for allegedly mispresenting its product and failing to comply with federal consumer financial law that governs private student loans. The CFPB said the Virginia company falsely represented that the ISAs are not loans and failed to provide disclosures.


 
HUD charges Florida homeowner association with disability discrimination
Posted Date: Monday, September 13, 2021

The Department of Housing and Urban Development has charged a Florida homeowner association with discrimination because of disability. HUD alleged the company denied a reasonable accommodation request by failing to allow a couple to keep their shoes outside their unit to limit exposure to outdoor allergens, chemicals or pollutants.


 
HUD awards over $47 million to fight housing discrimination
Posted Date: Monday, September 13, 2021

The Department of Housing and Urban Development has awarded $47.4 million to fair housing organizations across the country under its Fair Housing Initiatives Program.The grants will support the efforts of 120 national and local fair housing organizations working to address violations of the Fair Housing Act.


 
Real estate brokers accuse military lenders of illegal referral fees
Posted Date: Thursday, September 9, 2021

A group of real estate brokers filed a qui tam lawsuit accusing two lenders who specialize in loans for military families of taking referral fees and paid rebates or bonuses in connection with homes secured by federally guaranteed mortgage programs – and failing to disclose that information. The brokers claimed as a result of the alleged violations, information on Federal Housing Administration and Department of Veterans Affairs loan applications were false.


 
CFPB proposes rule to address small businesses' access to credit
Posted Date: Thursday, September 9, 2021
The Consumer Financial Protection Bureau has proposed a new rule designed to help small businesses gain access to credit by increasing transparency in the lending marketplace. Under the proposal, lenders would be required to report the amount and type of small-business credit applied for and extended, demographic information about small-business credit applicants and key elements of the price of the credit offered.

 
HUD waives regulatory requirements to speed hurricane recovery
Posted Date: Thursday, September 9, 2021

The Department of Housing and Urban Development announced a package of 27 regulatory and administrative waivers aimed at helping communities accelerate recovery from Hurricane Ida. 

The waivers are among the largest collections of regulatory and administrative waivers ever issued by the department at one time.


 
NAR: ‘Frenzied’ home sale offers waning
Posted Date: Thursday, September 9, 2021
Pending home sales decreased slightly in July, marking two consecutive months of declines, according to the National Association of Realtors. Only one region registered a month-over-month gain in contract activity.

 
New Jersey seeks to ban landlords from asking about criminal history
Posted Date: Thursday, September 9, 2021
The New Jersey Division on Civil Rights (DCR) has proposed new rules to help increase housing opportunities for people with criminal records and reduce the likelihood housing instability will increase recidivism.

The proposed rules will implement the Fair Chance in Housing Act, which Gov. Phil Murphy signed into law in June.


 
FDIC chairman testifies before Banking Committee
Posted Date: Wednesday, September 1, 2021

Federal Deposit Insurance Corp. Chairwoman Jelena McWilliams recently updated the Senate Banking Committee about the agency’s latest plans regarding the supervision and regulation of insured depository institutions. She noted housing is one area the FDIC is monitoring.


 
Stratmor: Lenders should shift focus to purchase business
Posted Date: Wednesday, September 1, 2021
The refinance wave is coming to an end, so lenders need to take steps now to help build purchase business, according to mortgage advisory firm Stratmor Group. Read on to discover how the coming purchase market will impact lenders that are not prepared.

 
DOJ settles with Kentucky landlords
Posted Date: Wednesday, September 1, 2021
The Department of Justice (DOJ) has reached an agreement with two Kentucky landlords in a Fair Housing Act lawsuit. The defendant sexually harassed female tenants while managing a Dayton, Ky., rental property owned by his wife, according to the DOJ’s lawsuit.

 
Ohio resident admits laundering $300 million in bitcoin
Posted Date: Wednesday, September 1, 2021

An Ohio man faces up to 20 years in prison after pleading guilty to a money laundering conspiracy arising from his operation of Helix, a Darknet-based cryptocurrency laundering service. Helix was linked to and associated with “Grams,” a Darknet search engine.


 
NAR studies affordable housing and food insecurity connection
Posted Date: Wednesday, September 1, 2021

Households burdened by housing costs are more likely to need food assistance, according to a new analysis by the National Association of Realtors. The trade group’s Housing Affordability and Food Sufficiency report examined the connection between families that struggle with rent or mortgage payments and food insecurity.


 
NS3: OR awards target industry trailblazers
Posted Date: Wednesday, September 1, 2021

October Research, LLC, recognized trailblazers in the title industry with its annual awards for leadership, innovation, and philanthropy.

CEO and Publisher Erica Meyer presented the awards Wednesday at the 17th annual National Settlement Services Summit (NS3). The winners “truly reflect the best our industry has to offer in leadership, innovation and philanthropy,” Meyer said.

Read on to learn who won each award.


 
NS3: Make a Child Smile helps cancer’s youngest victims
Posted Date: Wednesday, September 1, 2021

Attendees at this year’s National Settlement Services Summit in Naples, Fla., sought to ease the tremendous burden of childhood cancer during the 10th annual “Make a Child Smile” community service event.

Conference attendees compiled Bags Full of Sunshine for The Sunshine Kids Foundation, which strives to improve the quality of life to children with cancer by providing them with positive group activities.

Read on for more.


 
NAR completes renovations to Chicago headquarters
Posted Date: Wednesday, September 1, 2021

The National Association of Realtors (NAR) has completed renovations of its Chicago headquarters. NAR has operated its offices on Michigan Avenue since 1974.


 
NS3 launches in Naples
Posted Date: Friday, August 27, 2021

The National Settlement Services Summit (NS3) marks its 17th anniversary this week in the sand and sun in Naples, Fla. About 750 participants are scheduled to gather to hear from the best the industry has to offer over three days at Naples Grande Beach Resort.


 
Waters asks regulators to strengthen foreclosure protections
Posted Date: Friday, August 27, 2021

House Financial Services Committee Chairwoman Maxine Waters has asked federal agencies and banking regulators to strengthen foreclosure and mortgage servicing protections for borrowers and provide greater oversight to prevent unnecessary foreclosures during the pandemic. Waters called on banking regulators to update their guidance to protect borrowers and provide strong oversight of mortgage servicers.


 
CFPB issues new CARD Act compliance details
Posted Date: Friday, August 27, 2021

The Consumer Financial Protection Bureau (CFPB) has issued new technical specifications for complying with credit card agreement and data submission requirements under TILA and the CARD Act. Credit card issuers must use a specific bureau website to submit data to the CFPB.


 
DOJ settles disability discrimination suit
Posted Date: Friday, August 27, 2021

The Department of Justice and a North Dakota builder have agreed to settle a federal lawsuit alleging they violated the Fair Housing Act and Americans with Disabilities Act by failing to design and construct apartment complexes accessible to people with disabilities. The lawsuit alleged significant physical accessibility barriers existed at four apartment complexes and a rental office.


 
Existing-home sales continue upward trend
Posted Date: Friday, August 27, 2021

Existing-home sales rose in July, marking two consecutive months of increases, according to the National Association of Realtors (NAR). Meanwhile, the median existing-home price for all housing types in July rose nearly 18 percent from last year.


 
Trade groups ask Congress to create bipartisan CFPB commission
Posted Date: Thursday, August 26, 2021

A plan to do away with the Consumer Financial Protection Bureau’s single-director structure is gaining new momentum. RESPRO, the National Association of Realtors and the American Bankers Association are among nearly 30 industry trade associations that have banded together to support a bill that would transition the bureau’s structure to a five-person, bipartisan commission.


 
CFPB: Mortgage market remains unfair to Black, Hispanic borrowers
Posted Date: Thursday, August 26, 2021

While mortgage activity is on the upswing, significant differences remain between demographic groups, including higher interest rates and denials among Black and Hispanic consumers. That’s according to a new Home Mortgage Disclosure Act data report on residential mortgage lending trends released by the Consumer Financial Protection Bureau.


 
CFPB, HUD team up to develop housing solutions
Posted Date: Thursday, August 26, 2021

The Consumer Financial Protection Bureau (CFPB) has partnered with the Department of Housing and Urban Development (HUD) to lead a tech sprint on post-pandemic housing challenges. The CFPB and HUD teamed up through the Census Bureau’s The Opportunity Project program, part of a government-wide effort to help individuals and families facing housing insecurity in the immediate and long-term.


 
HUD expands homeless funding to Indian Tribes, sex assault victims
Posted Date: Thursday, August 26, 2021

The Department of Housing and Urban Development is making $2.656 billion in Fiscal Year 2021 Continuum of Care Program competitive funding available to homeless services organizations across the country for supportive services and housing programs for people experiencing homelessness.


 
DOJ sues Massachusetts sober home operator
Posted Date: Thursday, August 26, 2021
The Department of Justice (DOJ) and the U.S. Attorney’s Office for the District of Massachusetts have filed a lawsuit alleging a Massachusetts sober home operator violated the Fair Housing Act by subjecting female residents to sexual harassment and retaliation. This is the 22nd such lawsuit filed by the DOJ since launching a special initiative to combat alleged sexual harassment in housing.

 
CFPB updates financial recovery tool for felons
Posted Date: Thursday, August 26, 2021
There are an estimated 70 million to 100 million people in the United States with criminal records. Many now being released from incarceration confront additional barriers as they reenter “outside” life during the COVID-19 pandemic.

 
FFIEC issues risk management guidance
Posted Date: Friday, August 20, 2021
The Federal Financial Institutions Examination Council (FFIEC) has issued guidance to help financial institutions access risk management principles and practices for customers, employees and third parties accessing digital banking services and information systems. The guidance highlights current cybersecurity threats, including increased remote access by customers and users.

 
FinCEN issues $100 million penalty against virtual currency exchange
Posted Date: Friday, August 20, 2021

The Financial Crimes Enforcement Network (FinCEN) has assessed a $100 million civil money penalty against one of the largest convertible virtual currency derivatives exchanges for violations of the Bank Secrecy Act. FinCEN said the alleged violations exposed financial institutions to an increased risk of conducting transactions with ransomware attackers.


 
CFPB settles with debt collector
Posted Date: Friday, August 20, 2021

The Consumer Financial Protection Bureau has filed a proposed settlement to resolve a lawsuit against a debt collection enterprise and its owner. The CFPB alleged the company failed to establish or implement reasonable written policies and procedures regarding the accuracy and integrity of the information it furnished to credit reporting agencies and failed to conduct reasonable investigations of indirect consumer disputes, resulting in inaccurate information remaining on consumers’ credit reports.


 
FDIC launches tech sprint to study banking disruptions
Posted Date: Friday, August 20, 2021

The Federal Deposit Insurance Corp. (FDIC) has announced a new tech sprint designed to determine how well the banking sector can withstand a major disruption of any type. This tech sprint is intended to be the first of several focused on how to foster stronger resiliency in banking.


 
CFPB: Credit card limits rising for most consumers
Posted Date: Friday, August 20, 2021

The Consumer Financial Protection Bureau (CFPB) recently examined whether credit has tightened on existing credit card accounts. A new blog post written by CFPB Senior Research Assistant Corinne Candilis and Senior Economist Ryan Sandler studied whether financial institutions cut limits or closed accounts during to the pandemic.


 
CFPB updates mortgage servicing compliance guide
Posted Date: Thursday, August 19, 2021

The Consumer Financial Protection Bureau (CFPB) has updated the Mortgage Servicing Small Entity Compliance Guide to incorporate references to the most recent Mortgage Servicing Rules. The CFPB issued an interim final rule on June 23, 2020, and a final rule on June 28, 2021, amending certain Mortgage Servicing Rules provisions in Regulation X to help borrowers experiencing a COVID-19-related hardship.


 
NS3 Preview: Innovation and compliance a top focus
Posted Date: Thursday, August 19, 2021

During the last year, we have become even more keenly aware of the need to be innovative and stay in compliance with state and federal laws and regulations.

During this year’s National Settlement Services Summit (NS3) in Naples, Fla., industry experts will be sharing their expertise in different areas viewed through the lenses of innovation and compliance.

Read on for more about the NS3 sessions.


 
CFPB: Some mortgage servicers struggling to help borrowers
Posted Date: Thursday, August 19, 2021
The Consumer Financial Protection Bureau (CFPB) has published a report detailing 16 large mortgage servicers’ COVID-19 pandemic response. The CFPB said the report should be a warning to all servicers.

 
DOJ settles California Fair Housing Act suit
Posted Date: Thursday, August 19, 2021

The Department of Justice has agreed to settle a lawsuit resolving allegations that a Los Angeles residential apartment building property manager violated the federal Fair Housing Act by sexually harassing female tenants for more than a decade. Since launching the Sexual Harassment in Housing initiative in October 2017, the DOJ has filed 21 lawsuits alleging sexual harassment in housing and recovered more than $3.9 million for victims.


 
California regulator penalizes student loan debt-relief company
Posted Date: Thursday, August 19, 2021

The California Department of Financial Protection and Innovation is requiring a student loan debt-relief company to pay more than $1.37 million in penalties and refunds for collecting illegal advance fees prohibited under the federal Telemarketing Sales Rule. The consent order follows a wider crackdown against similar companies skirting the California Consumer Financial Protection Law and the Student Loan Servicing Act.


 
Metro areas seeing double-digit home sale price growth
Posted Date: Thursday, August 19, 2021
What do you get when you combine low levels of housing inventory and record-low mortgage rates? An increase in median sales prices for existing single-family homes in the vast majority of metro markets, according to the National Association of Realtors’ latest quarterly report.

 
HUD awards $30 million to help elderly age in place
Posted Date: Thursday, August 19, 2021

The Department of Housing and Urban Development has awarded $30 million to 32 nonprofit organizations, state and local governments, and public housing authorities to help low-income elderly homeowners age in place. The grants assist in undertaking comprehensive programs that make safety home modifications and limited repairs to help reduce falling risks.


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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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