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RESPA News Monthly  <Br>October 2022

RESPA News Monthly Edition
RESPA News Monthly
October 2022
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New York settles discrimination complaint against real estate brokerages
Posted Date: Thursday, September 1, 2022

New York settled a housing discrimination complaint that alleged three Long Island real estate brokerages steered prospective homebuyers of color away from white neighborhoods and subjected them to different requirements than white homebuyers.

 

The state Office of the Attorney General and the Department of State opened their investigation into Keller Williams Greater Nassau, Keller Williams Realty Elite and Laffey Real Estate after an investigative report by Newsday.

 

Read on for more details.


 
Judge refuses to dismiss RESPA claims against Wells Fargo
Posted Date: Thursday, September 22, 2022

A Washington state resident claimed his mortgage holder failed to accurately record and report payments he made during his bankruptcy proceeding. 


He said that caused a deficiency in his mortgage account and contributed to his discharge attempt being dismissed. He sued the mortgage holder for breach of contract, RESPA violations and various other things. 


The mortgage holder filed a motion to dismiss.


 
FTC, California target mortgage-relief scams
Posted Date: Thursday, September 22, 2022
The California Department of Financial Protection and Innovation and the Federal Trade Commission filed a joint complaint in federal court against two men accused of defrauding homeowners out of millions by falsely promising to reduce their mortgage payments and prevent foreclosures.

The agencies allege the defendants, doing business through multiple entities located in the Los Angeles since 2018, deceived hundreds of homeowners nationwide into paying for fraudulent mortgage-modification services.

Read on for more details.


 
Civil rights groups urge appraisal-reform legislation
Posted Date: Thursday, September 22, 2022

The National Fair Housing Alliance, numerous civil rights groups and consumer advocates are urging the House Financial Services Committee, the Senate Banking Committee, and the Biden administration to support appraisal-reform legislation.

 

The groups allege that the systemic failure of the nation’s property valuation system stifles wealth creation for too many people and communities and undermine the nation’s economy.

 

Read on to learn more.

 


 
Housing assistance provided for people living with HIV/AIDS
Posted Date: Thursday, September 22, 2022

The U.S. Department of Housing and Urban Development (HUD) awarded nearly $9 million to provide tenant-based rental assistance and supportive services to an estimated 218 households where one or more members are living with HIV/AIDS.

 

HUD said the grants are a part of its mission to provide access to high-quality and culturally competent services, including housing and supportive services that are non-stigmatizing, non-discriminatory, inclusive and responsive to the needs of persons living with HIV/AIDS.

 

Read on to learn more.


 
CFPB releases HMDA report
Posted Date: Thursday, September 22, 2022

The Consumer Financial Protection Bureau released its annual report on residential mortgage lending activity and trends for 2021. The report is based on data are submitted by thousands of the nation’s lending institutions under the Home Mortgage Disclosure Act.

 

This latest report found a shift from refinance loans in 2020 to home purchase loans in 2021, with a greater share of home purchase loans going to Asian, Black, and Hispanic white borrowers relative to the share of home purchase loans for non-Hispanic white borrowers.

 

Read on to learn more.

 


 
Judge rejects California woman’s claim loan was forgiven
Posted Date: Monday, September 19, 2022
A California woman received two deeds of trust on two loans on her property.

She modified the loan associated with the first deed of trust and was allegedly told the loan linked with the second deed of trust had been written off. 

When the holders of the second loan began the default process after numerous years of receiving no payments, the woman sued.


 
Legislation targeting redlining introduced in House
Posted Date: Monday, September 19, 2022

The chairwoman of the House Committee on Financial Services introduced legislation aimed at rooting out discrimination in banking and closing the racial wealth and homeownership gap.

 

Rep. Maxine Waters (D-CA) called H.R. 8833 (Making Communities Stronger through the Community Reinvestment Act) a ‘transformative’ piece of legislation.

 

Read on to learn more.


 
CFPB report examines buy now, pay later
Posted Date: Monday, September 19, 2022

The Consumer Financial Protection Bureau published a report it said offers insights on the Buy Now, Pay Later industry.

 

The report, Buy Now, Pay Later: Market trends and consumer impacts, found that industry has grown rapidly since the pandemic, but borrowers may receive uneven disclosures and protections.

 

Read on for more details.


 
FTC returning auto payments to buyers
Posted Date: Monday, September 19, 2022

The Federal Trade Commission announced it is sending payments totaling more than $415,000 to 3,508 consumers who financed a car or truck at a Tate’s Auto dealership after Jan. 1, 2013, and later had the vehicle repossessed.

 

Tate’s Auto, which operated dealerships in Arizona and New Mexico, allegedly deceived consumers about payment information and falsified information on consumers’ financing applications.

 

Read on to learn more.


 
Rate of critical defects declined in first quarter
Posted Date: Monday, September 19, 2022
The critical defect rate on mortgage applications declined during this year’s first quarter, according to a report from ACES Quality Management.

Additionally, the report said declining volumes have helped stabilize lender processes, keeping defects at bay, but signs are starting to emerge that the credit box is widening in the hunt for volume.

Read on for more details.


 
HUD assists Native American veterans
Posted Date: Monday, September 19, 2022

The U.S. Department of Housing and Urban Development (HUD) awarded 28 Tribal HUD-Veterans Affairs Supportive Housing renewal awards, totaling more than $9 million, to provide rental assistance and supportive services to Native American veterans experiencing or at risk of homelessness.

 

Read on for more details.


 
Fair Housing Act violation filed against Milwaukee rental property
Posted Date: Thursday, September 15, 2022
The U.S. Department of Justice filed a lawsuit against the owners and managers of rental property in Milwaukee for allegedly harassing a tenant because of his sexual orientation and disability.

Filed in the U.S. District Court for the Eastern District of Wisconsin, the lawsuit alleges the onsite manager of the property subjected a gay male tenant with a disability to unwelcome harassment, both verbally and through numerous text messages during his tenancy in 2020 and 2021.

Read on to learn more.


 
CFPB, FTC file amicus brief in furnisher case
Posted Date: Thursday, September 15, 2022

Along with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB) filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in Ingram v. Waypoint Resource Group, LLC case.

 

Both agencies state that businesses providing information to credit reporting companies must comply with the law and investigate potential inaccuracies or errors as required.

 

Read on to learn more.

 


 
HUD settles compliance complaint against Hawaiian homeless center
Posted Date: Thursday, September 15, 2022

The U.S. Department of Housing and Urban Development (HUD) entered a voluntary compliance and conciliation agreement with Ka Hale A Ke Ola Homeless Centers, Inc. (KHAKO) in Wailuku, Hawaii.

 

HUD said the agreement resolving allegations KHAKO discriminated against a tenant with disabilities by failing to offer her reasonable accommodations and subjecting her to harassment and retaliation.

 

Read on for more details.


 
Republicans: CFPB pursuing ‘politicized’ agenda
Posted Date: Thursday, September 15, 2022

In a letter to the Consumer Financial Protection Bureau, the Republican members of the Senate Banking Committee accused the agency of pursuing a radical and highly politicized agenda which ignores statutory limits. 

 

The bureau's recent focus on banks and overdraft fees drew the ire of the Republicans.

 

Read on to learn more.


 
FFIEC makes appointment to liaison committee
Posted Date: Thursday, September 15, 2022

The Federal Financial Institutions Examination Council appointed Yolanda Ford to its State Liaison Committee (SLC).

Ford was designated by the National Association of State Credit Union Supervisors (NASCUS) to complete the remainder of the two-year term left vacant by the departure of Senior Deputy Commissioner Stephen Pleger. Ford’s partial term on the SLC will expire on March 31, 2023.

Read on to learn more.

 
Judge ends Oregon couple’s 11 years of stalling tactics
Posted Date: Monday, September 12, 2022
After several attempts to foreclose on their mortgage, an Oregon couple sought to enjoin a trustee’s sale citing several claims for relief, including breach of contract, unfair trade practices, a RESPA violation and a violation of the Fair Debt Collections Act.

The defendants sought summary judgement on all claims.

Read on for more information.



 
Wyoming HOA charged with Fair Housing Act violation
Posted Date: Monday, September 12, 2022
The U.S. Department of Housing and Urban Development (HUD) charged Spring Creek Homeowners Association, the governing body of approximately 131 residential housing units in Jackson, Wyo., with discriminating against two homeowners because of disability by imposing restrictions on their assistance animals and retaliating against them for filing a Fair Housing Act complaint.

HUD alleges that Spring Creek Homeowners Association employed rules limiting the rights of residents with assistance animals, including requiring documentation typically provided to certain airlines.

Read on to learn more.


 
CFPB report focuses on caregiver debt
Posted Date: Monday, September 12, 2022

The Consumer Financial Protection Bureau released a report highlighting difficulties and experiences heard from caregivers about being pursued over friends’ or family members’ alleged debts from nursing home facilities.

 

The report found many facilities include clauses in admission contracts that require caregivers to be a “responsible party” for the resident’s costs of care or that otherwise subject the caregiver to financial liability should the admitted resident incur a debt.

 

Read on to learn more.

 


 
HUD making $40 million in HHP grants available
Posted Date: Monday, September 12, 2022

The U.S. Department of Housing and Urban Development announced the availability of $40 million in grants through its Healthy Homes Production Grant Program (HHP) to fix older housing, preserve affordable housing and improve the health of children and families.

The HHP program is designed to help children and other vulnerable residents reach their full potential by preventing injuries and diseases, lowering healthcare costs and improving their overall quality of life.

Read on to learn more.


 
Groups urge CFPB to issue supplemental notice
Posted Date: Monday, September 12, 2022

Several groups are urging the Consumer Financial Protection Bureau to extend its comment period regarding Form FR 2572 and its Consumers and College Credit Card agreements.

The groups include the American Bankers Association, the Bank Policy Institute, the Consumer Bankers Association, the Credit Union National Association, the National Association of Federally-Insured Credit Unions and United States Chamber of Commerce.

Read on to learn more.


 
Federal funding available for self-help housing opportunities
Posted Date: Monday, September 12, 2022

The U.S. Department of Housing and Urban Development (HUD) announced the availability of $12.5 million through its Self-Help Homeownership Opportunity Program for eligible national and regional non-profit organizations and consortia with experience providing or facilitating self-help housing opportunities.

 

HUD said the funding opportunity aims to develop decent, safe and sanitary housing for low-income persons and families who would otherwise not have the opportunity to become homeowners.

 

Read on for more information.

 


 
Judge dismisses breach of contract, debt collection claims against bank
Posted Date: Thursday, September 8, 2022
After reaching a loan modification, a Delaware couple consistently failed to pay the full monthly amount needed to satisfy principal, interest and escrow.

Once their account went into default, the couple sued their mortgage holder and servicer for breach of contract, debt collection and RESPA violations.

Read on to learn more.


 
FTC penalizes Credit Karma for ‘digital dark patterns’
Posted Date: Thursday, September 8, 2022

The Federal Trade Commission (FTC) penalized Credit Karma for deploying dark patterns to misrepresent that consumers were “pre-approved” for credit card offers, the agency announced.

 

The FTC alleged Credit Karma used claims that consumers were “pre-approved” and had “90 percent odds” to entice them to apply for offers that, in many instances, they ultimately did not qualify for.

 

Read on to learn more.


 
CFPB examines financial challenges facing Appalachians
Posted Date: Thursday, September 8, 2022

The Consumer Financial Protection Bureau (CFPB) issued the first in a series of reports focusing on the finances of consumers living in rural areas.

 

The bureau’s first report focuses on rural Appalachians, which it said tend to earn less than consumers in other rural areas and have higher rates of subprime credit.

 

Read on to learn more.


 
HUD publishes 2023 fair market rents
Posted Date: Thursday, September 8, 2022
The U.S. Department of Housing and Urban Development (HUD) published fair market rents (FMRs) for Fiscal Year 2023.

FMRs are an estimate of the amount of money that would cover gross rents (rent and utility expenses) on 40 percent of the rental housing units in an area.

Read on for more details.


 
FHFA to conduct review of FHLBank System
Posted Date: Thursday, September 8, 2022

The Federal Housing Finance Agency announced it will conduct a comprehensive review of the Federal Home Loan Bank (FHLBank) System beginning this fall.

The agency said FHLBanks have been a critical source of liquidity for their members for the past 90 years, especially during times of market stress, such as the Great Recession and the outset of the COVID-19 pandemic.

Read on for more information.


 
HUD: Owner of Kansas apartment complex violated Fair Housing Act
Posted Date: Thursday, September 1, 2022

The U.S. Department of Housing and Urban Development (HUD) charged the owner of an apartment complex in Shawnee, Kan., and its property manager with violating the Fair Housing Act by refusing to allow a prospective tenant to live with an assistance animal.

 

HUD said the prospective tenant was a veteran with a mental health disability who lived with his assistance animal.

 

Read on to learn more details.


 
FTC, six states target rental listing platform
Posted Date: Thursday, September 1, 2022
The Federal Trade Commission and six states filed a lawsuit against Roomster Corp. and its owners John Shriber and Roman Zaks for allegedly duping consumers seeking affordable housing by paying for fake reviews and then charging for access to phony listings.

The complaint alleges Roomster and its owners have taken tens of millions of dollars from largely low-income and student prospective renters. 

Read on for more details.


 
Second-quarter home prices up nearly 18 percent
Posted Date: Thursday, September 1, 2022

U.S. house prices rose 17.7 percent from the second quarter of 2021 to the second quarter of 2022, according to the Federal Housing Finance Agency House Price Index. 


Nationally, the U.S. housing market has experienced positive annual appreciation each quarter since the start of 2012.

Read on for more details.


 
MISMO releases enhancement to iLAD
Posted Date: Thursday, September 1, 2022
MISMO released an enhancement to the Industry Loan Application Dataset (iLAD), which is an industry standard for the exchange of loan application information.

MISMO said the iLAD 2.2.0 dataset has achieved “Candidate Recommendation” status, which means it has been thoroughly reviewed by a wide range of organizations and industry participants and is available for use across the industry.

Read on to learn more.


 
Millions available for seniors to make home modifications
Posted Date: Thursday, September 1, 2022

The U.S. Department of Housing and Urban Development is making $15 million available to help older Americans age in place through home modifications.

 

The funding assists experienced nonprofit organizations, state and local governments and public housing authorities with programs that make safety and functional home modifications repairs and renovations for low-income elderly homeowners.

 

Read on to learn more.


 
Housing discrimination suit against California city dismissed
Posted Date: Monday, August 29, 2022
A federal judge dismissed a lawsuit from several low-income residents alleging housing discrimination by Encinitas, Calif., developers, real estate and mortgage brokers and “shell companies.”

The lawsuit alleged violations of the Fair Housing Act and sought damages, declarative and injunctive relief from the city of Encinitas and 13 other defendants.  

Read on to learn more.


 
Analysis: Blacks denied mortgage loans twice as often as others
Posted Date: Monday, August 29, 2022

An analysis by LendingTree found the purchase mortgage denial rate for Black homebuyers in each of the nation's 50 largest metropolitan areas was twice as high as non-Blacks.

 

LendingTree said the disparities were even wider in cities like Boston and Jacksonville, Fla.

 

Read on to learn more.


 
New Jersey sends violation notices to 30 housing providers
Posted Date: Monday, August 29, 2022

The New Jersey Division of Civil Rights (DCR) recently issued 30 Notices of Violation to housing providers for allegedly violating the state’s Fair Chance in Housing Act.

 

The DCR said the housing providers violated the act by asking questions on housing applications that are prohibited by the law, and by posting housing advertisements or maintaining housing policies that do not comply with the statute.

 

Read on to learn more.


 
Chopra: Relationship banking under threat
Posted Date: Monday, August 29, 2022
The director of the Consumer Financial Protection Bureau (CFPB) said “relationship banking” is under threat because sensitive data is viewed as more valuable than consumers.

Speaking in front of the 2022 National Association of Attorneys General Presidential Summit in Iowa, CFPB Director Rohit Chopra said advances in technology should help the America economy and society advance.

Read on for more details.


 
Pending homes sales decline
Posted Date: Monday, August 29, 2022

Pending home sales declined for the second consecutive month in July, and for the eighth time in the last nine months, according to the National Association of Realtors (NAR).

 

NAR said three out of four major regions registered month-over-month decreases (The West had an increase in pending home sales).

 

Read on for more details from the report.


 
HUD releases millions for housing counseling
Posted Date: Monday, August 29, 2022

The U.S. Department of Housing and Urban Development  recently awarded $41.3 million in grants to support the services provided by housing counselors throughout the country.

 

The agency said the funding will continue to support vital housing counseling services performed by these agencies, including pre-purchase homebuyer counseling, foreclosure prevention counseling, rental eviction prevention counseling and disaster recovery counseling.

 

Read on for more details.


 
Circuit court resurrects RESPA claim against lender
Posted Date: Thursday, August 25, 2022

An Ohio homeowner sued her mortgage lender alleging RESPA violations in connection with the handling of her loan modification application. 


A district court judge granted summary judgment in favor of the lender. The homeowner appealed.


Read on for more details.


 
DOJ settles complaint against Texas property manager
Posted Date: Thursday, August 25, 2022

The U.S. Department of Justice (DOJ) announced that a Texas company which manages 55 multi-family apartment properties in and around El Paso has agreed to pay $107,000 to resolve allegations it violated the Servicemembers Civil Relief Act.

 

The company allegedly charged unlawful fees to servicemembers who terminated their residential leases early and by denying other servicemembers’ requests to terminate their leases.

 

Read on to learn more.


 
FDIC warns crypto companies about ‘misleading’ statements
Posted Date: Thursday, August 25, 2022

The Federal Deposit Insurance Corporation (FDIC) issued letters demanding five companies and their officers, directors and employees cease and desist from making false and misleading statements about FDIC deposit insurance and take immediate corrective action to address these false or misleading statements.

 

According to the FDIC, each of these companies made false representations—including on their websites and social media accounts—stating or suggesting that certain crypto–related products are FDIC–insured or that stocks held in brokerage accounts are FDIC–insured.

 

Read on to learn more.


 
HUD awards $25 million to public housing agencies
Posted Date: Thursday, August 25, 2022

The U.S. Department of Housing and Urban Development (HUD) awarded $25 million to 181 public housing agencies (PHAs) experiencing or at risk of experiencing financial shortfalls.

 

While PHAs of various sizes may have been eligible to receive funding, HUD said it is concerned with the ability of small and very-small PHAs to generate resources to supplement their public housing program.

 

Read on to learn more.


 
FHFA committee to focus on affordable, equitable and sustainable housing
Posted Date: Thursday, August 25, 2022

The Federal Housing Finance Agency (FHFA) announced plans to establish an advisory committee on affordable, equitable and sustainable housing. 

 

The FHFA said the committee will provide advice and input regarding affordable, equitable and sustainable housing needs and any regulatory or policy changes that may be necessary or beneficial to address those matters.

 

Read on to learn more.


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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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