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RESPA News Monthly <br> January 2022

RESPA News Monthly Edition
RESPA News Monthly
January 2022
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The compliance risks of social media
Posted Date: Thursday, December 2, 2021

Social media platforms like Facebook, LinkedIn, Twitter and Instagram are a great way to promote title insurance, real estate and mortgage companies. But it’s important to remember all social media communications are subject to regulatory oversight.


 
CFPB releases fall rulemaking agenda
Posted Date: Thursday, December 16, 2021

The Consumer Financial Protection Bureau has published its fall agenda of planned rulemaking activities. The semi-annual agenda, coordinated by the Office of Management and Budget, lists the regulatory matters the bureau anticipates considering from Nov. 1, 2021, to Oct. 31, 2022.


 
Critical defect rate trending back up
Posted Date: Thursday, December 16, 2021

After a multi-quarter trend of improvement, the critical defect rate is once again on the rise. The transition from a refinance market to a purchase market is one reason why, according to the latest Mortgage QC Industry Trends Report from ACES Quality Management.


 
FDIC approves 2022 budget
Posted Date: Thursday, December 16, 2021
The Board of Directors of the Federal Deposit Insurance Corp. (FDIC) has approved a 2022 operating budget. The proposal kicks off a multi–year effort to modernize the agency’s facilities and maintains robust examination staffing to address any remaining pandemic-related economic uncertainties that could affect the health of financial institutions.

 
DOJ approves ‘largest’ housing sexual harassment settlement
Posted Date: Thursday, December 16, 2021

An Elizabeth, N.J., landlord has agreed to pay $4.5 million to settle a Fair Housing Act lawsuit alleging he sexually harassed tenants and housing applicants for more than 15 years. The Department of Justice  called the agreement the largest monetary settlement it has ever obtained in a case alleging sexual harassment in housing.


 
Housing experts' predictions for new year
Posted Date: Thursday, December 16, 2021

Expect slower housing price appreciation, easing inflation and rising interest rates in 2022, according to a survey of more than 20 top U.S. economic and housing experts.


 
HUD providing more help to fight housing discrimination
Posted Date: Thursday, December 16, 2021

The Department of Housing and Urban Development (HUD) announced more American Rescue Plan funding available to help HUD Fair Housing Initiatives Program agencies combat housing discrimination related to the COVID-19 pandemic.


 
CFPB wants input on five-year plan
Posted Date: Wednesday, December 15, 2021

The Consumer Financial Protection Bureau has published a preliminary strategic plan on where the agency is headed over the next five years. Meanwhile, the bureau is seeking industry input to finalize its goals for fiscal years 2022 to 2026.


 
NAR, HUD support Biden's choice for FHFA director
Posted Date: Wednesday, December 15, 2021
After nearly five months as acting director, Sandra Thompson is President Joe Biden’s nominee to lead the Federal Housing Finance Agency. Industry trade groups came out in support of Thompson following Biden’s Dec. 14 announcement.

 
Non-profit bidders buy mortgage notes through HUD vacant loan sale
Posted Date: Wednesday, December 15, 2021

Twenty-three mission-driven non-profit organizations successfully won bids on 814 mortgage notes in the Department of Housing and Urban Development’s (HUD) Vacant Loan Sale. The Biden administration previously asked HUD to return more of the agency’s properties to future owner-occupancy.


 
FinCEN seeking comments on AML/CFT regulations
Posted Date: Wednesday, December 15, 2021
The Financial Crime Enforcement Network has issued a request for information seeking comments on ways to streamline, modernize and update the anti-money laundering and countering the financing of terrorism regime of the United States.

 
DOJ settles Kentucky sexual harassment suit
Posted Date: Wednesday, December 15, 2021

A husband and wife who owned and managed rental properties in the Russellville, Ky., area have agreed to pay $230,000 to resolve a lawsuit alleging they violated the Fair Housing Act.


 
CFPB: Lenders committing pricing, religious discrimination
Posted Date: Friday, December 10, 2021
The Consumer Financial Protection Bureau’s latest Supervisory Highlights report shows fair lending and mortgage servicing issues continue to be a problem. The publication highlighted supervisory findings that led to public enforcement actions in the first half of 2021.

 
Dual tracking claim survives in Washington court
Posted Date: Friday, December 10, 2021

A Washington man claimed his servicer failed to take timely action in response to his request to avoid foreclosure. The servicer argued the borrower’s inquires do not meet the definition of qualified written requests because they were mailed to the wrong address.


 
FinCEN seeking comments on new real estate sector reporting requirements
Posted Date: Friday, December 10, 2021
The Financial Crimes Enforcement Network has issued an advance notice of proposed rulemaking to solicit public comment on a potential rule to address the vulnerability of the U.S. real estate market to money laundering and other illicit activity.

 
Vacation home market remains strong
Posted Date: Friday, December 10, 2021

The COVID-19 pandemic continues to attract single-family home buyers to the suburbs. However, higher-density markets are making a comeback as well, according to new research from the National Association of Home Builders.


 
HUD gives $52 million more in pandemic relief to tribal communities
Posted Date: Friday, December 10, 2021

The Department of Housing and Urban Development has awarded more than $52 million in Indian Community Block Grant-American Rescue Plan grants to 49 tribal communities to prevent, prepare for and respond to the COVID-19 pandemic.


 
NAR president testifies before House on veteran homeownership
Posted Date: Friday, December 10, 2021

National Association of Realtors President Leslie Rouda Smith recently testified before the House Committee on Veterans’ Affairs Subcommittee on Economic Opportunity during its hearing, “Removing Barriers to Veteran Home Ownership.”


 
California court finds woman has case for RESPA damages
Posted Date: Wednesday, December 8, 2021

A California woman claimed a series of mortgage loan servicing errors caused her to become in arrears through no fault of her own. The servicer asked a judge to dismiss the TRID lawsuit, claiming the borrower failed to prove she suffered any damages.


 
HUD, CFPB encouraging lenders to create special purpose credit programs
Posted Date: Wednesday, December 8, 2021
The Department of Housing and Urban Development has released guidance clarifying special purpose credit programs that conform with the Equal Credit Opportunity Act and Regulation B generally do not violate the Fair Housing Act. Consumer Financial Protection Bureau Director Rohit Chopra agrees.

 
FHA announces new mortgage loan limits
Posted Date: Wednesday, December 8, 2021

Loan limits for Single Family Title II forward and reverse mortgage insurance programs will rise in 2022, the Federal Housing Administration announced in a new mortgagee letter. Loan limits for most of the country will increase next year due to robust house price appreciation.


 
House members ask regulators to address algorithmic bias
Posted Date: Wednesday, December 8, 2021
House Financial Services Committee members are urging regulators to closely monitor the rapid development of technology to make sure algorithmic bias does not occur. The lawmakers detailed the risks and possible benefits emerging technologies pose in the financial services and housing industry.

 
CFPB: Banks too dependent on overdraft fees
Posted Date: Wednesday, December 8, 2021

Banks continue to rely heavily on overdraft and non-sufficient funds revenue, according to new research by the Consumer Financial Protection Bureau. The bureau announced it will be enhancing its supervisory and enforcement scrutiny of banks that are heavily dependent on overdraft fees.


 
The future of real estate transactions
Posted Date: Thursday, December 2, 2021
October Research, LLC’s latest “Evolving Realtor Relationships” complimentary webinar included two industry experts who discussed their experiences meeting new consumer demands successfully and the future role of the real estate agent in the transaction. Read on for tips from Jim O’Donnell, CEO of Equity National Title, and Veronica Figueroa, CEO of The Figueroa Team.

 
Chopra asks staff to report former CFPB employees
Posted Date: Thursday, December 2, 2021
The Consumer Financial Protection Bureau must protect the public interest from potential risks and misconduct – even when the alleged perpetrators are its former employees. That’s according to bureau Director Rohit Chopra, who issued an announcement with new guidance related to the “revolving door” practice.

 
DOJ settles Massachusetts sexual harassment suit
Posted Date: Thursday, December 2, 2021

The Department of Justice has resolved allegations against a Massachusetts landlord accused of violating the Fair Housing Act by sexually harassing female tenants. The settlement also resolves claims against the property owners.


 
NAR: Pending home sales rebounding
Posted Date: Thursday, December 2, 2021

Pending home sales increased in October, rebounding after a decline the previous month. The notable gain assures total existing-home sales in 2021 will be the highest in 15 years, according to the National Association of Realtors.


 
HUD promoting 'self-help' homeownership
Posted Date: Thursday, December 2, 2021

The Department of Housing and Urban Development has awarded $10 million in Self-Help Homeownership Opportunity Program grants. The money will help three national and regional organizations facilitate innovative homeownership opportunities in low-income communities.


 
Rhode Island man files suit over NOEs after foreclosure
Posted Date: Tuesday, November 23, 2021

A Rhode Island man alleged a mortgage servicer violated its duty to respond to notices of error as required by RESPA. The servicer argued the man failed to allege concrete injury or cognizable damages.


 
FDIC, OCC and the Fed approve cyber incident final rule
Posted Date: Tuesday, November 23, 2021
Federal bank regulatory agencies have approved a final rule to improve the sharing of information about cyber incidents that may affect the U.S. banking system. Compliance with the final rule is required by May 1, 2022.

 
FinCEN issues environmental crimes notice
Posted Date: Tuesday, November 23, 2021
The Financial Crimes Enforcement Network (FinCEN) is calling attention to environmental crimes and related financial activity. FinCEN has issued a notice highlighting the environmental crimes trend because of its strong association with corruption and transnational criminal organizations, two of the agency’s priorities.

 
Existing-home sales inching up
Posted Date: Tuesday, November 23, 2021
Existing-home sales increased in October, marking two straight months of growth, according to the National Association of Realtors. On a year-over-year basis, all four regions saw sales decrease.

 
House passes Build Back Better Act
Posted Date: Tuesday, November 23, 2021

The House of Representatives has passed President Joe Biden’s Build Back Better bill, which includes unprecedented housing spending priorities. H.R. 5376, which was approved on a 220-213 vote, now goes to the Senate.


 
NAR installs new leaders
Posted Date: Monday, November 22, 2021

The National Association of Realtors has installed a new president and other leaders.


 
Servicer challenges CFPB's amended mortgage rules
Posted Date: Monday, November 22, 2021
The heirs of a Rhode Island woman accused a servicer of committing several RESPA violations relating to the deceased borrower’s mortgage agreement. The plaintiffs argued they had standing in court – despite what the servicer alleged – because the Consumer Financial Protection Bureau changed the term “borrower” to include a “confirmed successor in interest.”

 
HUD issues climate action plan
Posted Date: Monday, November 22, 2021

Department of Housing and Urban Development Secretary Marcia Fudge recently joined world and business leaders to announce plans to reduce the agency’s energy and carbon footprint to help build a more equitable housing infrastructure.


 
FHFA releases 2022 strategic plan
Posted Date: Monday, November 22, 2021
The Federal Housing Finance Agency has released a new strategic plan to hold the government-sponsored enterprises (GSEs) accountable and promote sustainable, safe and equitable access to affordable housing.

 
Emerging tech in the real estate industry
Posted Date: Monday, November 22, 2021

Realtors have a tremendous opportunity to capitalize on the use of emerging technologies in the real estate industry, according to experts at the 2021 Realtors Conference and Expo in San Diego. Multiple educational sessions centered around the role of new technologies in the real estate landscape.


 
HUD forms tribal intergovernmental advisory committee
Posted Date: Monday, November 22, 2021

The Department of Housing and Urban Development has launched the Tribal Intergovernmental Advisory Committee. The announcement came shortly after President Joe Biden hosted the first White House Tribal Nations Summit since 2016.


 
Maryland judge allows TRID lawsuit to proceed
Posted Date: Thursday, November 18, 2021
A Maryland woman filed a TRID lawsuit after her servicer allegedly illegally foreclosed upon her. The defendants argued the entire second amended complaint should be dismissed under the doctrine of res judicata.

 
CFPB wants feedback on mortgage-lending discrimination
Posted Date: Thursday, November 18, 2021
The Consumer Financial Protection Bureau (CFPB) is seeking input on ways it can maintain a fair, competitive, and non-discriminatory mortgage market. The CFPB issued a request for information to gather feedback on rules implementing the Home Mortgage Disclosure Act.

 
FHA: MMI Fund holding strong despite pandemic-induced delinquencies ​
Posted Date: Thursday, November 18, 2021

The Department of Housing and Urban Development has released its fiscal year 2021 report to Congress on the financial health of the Federal Housing Administration Mutual Mortgage Insurance Fund.


 
NAR issues Code of Ethics guidance
Posted Date: Thursday, November 18, 2021
The National Association of Realtors has changed its guidance for local Multiple Listing Service broker marketplaces. The changes will take effect Jan. 1, 2022.

 
Housing market may normalize in 2022
Posted Date: Thursday, November 18, 2021

The outlook for the residential real estate market, which performed exceptionally well during the height of the pandemic, continues to be promising, according to National Association of Realtors’ Chief Economist Lawrence Yun. However, how remote work opportunities play out in the future is a key concern.


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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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