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RESPA News Monthly  <Br>May 2025

RESPA News Monthly Edition
RESPA News Monthly
May 2025
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CFPB asks to vacate settlement with Townstone, citing misconduct by CFPB
Posted Date: Thursday, March 27, 2025

The Consumer Financial Protection Bureau (CFPB) and the legal team for Townstone Financial filed a joint motion asking the court to vacate the settlement the CFPB reached with Townstone in November, which resolved allegations of redlining and violations of the Equal Credit Opportunity Act (ECOA) against the Chicago mortgage broker.

The CFPB called the Townstone case “abusive,” “unjust” and “a seven-year harassment saga.” Attorneys on the Townstone team talked to RESPA News about this unprecedented reversal by the bureau.


 
Arizona regulators share how they partner on RESPA enforcement
Posted Date: Thursday, April 24, 2025

Arizona Attorney General Kris Mayes and Arizona Department of Real Estate Commissioner Susan Nicolson spoke with attendees of RESPRO One about how the two departments are working together to focus on areas of RESPA-related compliance in their state.


 
Court halts CFPB plan to deprioritize enforcement
Posted Date: Thursday, April 24, 2025

Another chapter was written in the ongoing legal saga concerning the embattled Consumer Financial Protection Bureau. Shortly after a federal court partially lifted a court order preventing mass firings at the bureau, the Trump administration resumed its plans to gut the agency, prompting the courts to intervene again.


 
FHA adopts new loss mitigation options
Posted Date: Thursday, April 24, 2025

The Federal Housing Administration published Mortgagee Letter 2025-12, “Tightening and Expediting Implementation of the New Permanent Loss Mitigation Options,” which set a date to sunset the COVID-19 era loss mitigation waterfall, among other things.


 
HUD HQ to be sold as part of effort to downsize federal office space
Posted Date: Thursday, April 24, 2025

The Department of Housing and Urban Development’s Washington, D.C., headquarters has been added to the U.S. General Services Administration’s list of federal buildings marked for accelerated disposition, part of the Trump administration’s strategy to streamline federal operations.


 
Availability of homebuyer assistance programs expands in Q1
Posted Date: Thursday, April 24, 2025

Both the number of entities offering homebuyer assistance programs and the number of programs themselves increased across the country in the first quarter, according to Down Payment Resource’s Q1 2025 Homeownership Program Index report. The average benefit to borrowers was $18,000.


 
Congress reintroduces Housing Supply Frameworks Act
Posted Date: Thursday, April 24, 2025

Legislators in both the U.S. Senate and House reintroduced the Housing Supply Frameworks Act, which would direct the Department of Housing and Urban Development to develop zoning and land-use policies for communities to use to bolster affordable housing supplies.


 
Realty company settles housing discrimination suit
Posted Date: Monday, April 14, 2025

The Legal Defense Fund reached a settlement on behalf of a New York-based fair housing group against a realty company accused of limiting housing opportunities for Black homebuyers through racial steering.


 
New Zillow policy bans privately marketed listings
Posted Date: Monday, April 14, 2025

Zillow announced new listing access standards that require listings to be posted in the Multiple Listing Service within one day of publicly marketing to consumers. The new standards come after the National Association of Realtors announced its “Multiple Listing Options for Sellers” policy, which permits a seller to delay marketing a listing.


 
Trigger leads bills reintroduced in both House, Senate
Posted Date: Monday, April 14, 2025

Legislation aimed at banning the use of trigger leads in the real estate marketplace was reintroduced in the House and Senate. The bills are the latest in a series of bipartisan attempts to do so over the past half decade.


 
WFG’s Pat Stone shares his Q2 Economic Outlook
Posted Date: Monday, April 14, 2025

Patrick Stone, chairman and founder of Williston Financial Group, shared a wide swath of economic data and predictions for this year during the “Q2 Economic Outlook” complimentary October Research webinar.


 
Mortgage credit availability continues to rise
Posted Date: Monday, April 14, 2025

Mortgage credit availability increased in March, driven by growth in cash-out refinance programs, according to the Mortgage Bankers Association’s Mortgage Credit Availability Index.


 
Congressmembers seek to reauthorize HUD programs
Posted Date: Monday, April 14, 2025

U.S. Rep Mike Flood (R-Neb.), Housing and Insurance Subcommittee chairman, and U.S. Rep Emanuel Cleaver (D-Mo.), ranking member of the subcommittee, kicked off a bipartisan initiative to reauthorize the Department of Housing and Urban Development’s Home Investment Partnership Program and the Community Development Block Grant programs.


 
Fire victim accuses servicer of RESPA violation involving force-placed insurance
Posted Date: Thursday, April 10, 2025

When a homeowner’s house caught fire and his insurer denied the claim because the policy had lapsed, he blamed the lapse on his mortgage servicer and accused it of failing to re-up his coverage. He sued the servicer for mismanaging his escrow account in violation of RESPA. The servicer moved for summary judgment.


 
Law firm prepares for increasing state AG scrutiny
Posted Date: Thursday, April 10, 2025

As state attorneys general continue ramping up supervisory and enforcement activities in the consumer financial protection space, Ballard Spahr assembled a team of attorneys whose specialties include helping navigate firms through increasingly complex state-level regulatory waters.


 
Fannie Mae fires 100 for unethical conduct, facilitating fraud
Posted Date: Thursday, April 10, 2025

Federal Housing Finance Agency Director Bill Pulte said over 100 Fannie Mae employees have been fired since he was sworn in as chairman of the board of directors of the government-sponsored enterprise.


 
FHA extends foreclosure moratoriums for hurricane victims
Posted Date: Thursday, April 10, 2025

The Federal Housing Administration (FHA) is extending existing foreclosure moratoriums on FHA-insured single-family mortgages affected by Hurricanes Helene and Milton for another 90 days.


 
Refi activity soars as interest rates cool
Posted Date: Thursday, April 10, 2025

Refinances made up a quarter of all rate lock activity in March, according to Optimal Blue’s latest Market Advantage mortgage data report. That was the highest level seen since September 2024.


 
Advocacy groups file brief against vacation of Townstone-CFPB settlement
Posted Date: Monday, April 7, 2025

The National Fair Housing Alliance and 13 other fair housing and consumer protection organizations filed an amicus brief opposing a joint request by Townstone Financial and the Consumer Financial Protection Bureau to vacate the settlement in CFPB v. Townstone Financial, Inc., et al.


 
New CFPB director could impact agency’s appeal argument
Posted Date: Monday, April 7, 2025

The Consumer Financial Protection Bureau appealed the D.C. District Court’s decision to impose a preliminary injunction against further actions it deems as an effort to eliminate the agency, as claimed in a lawsuit filed by the National Treasury Employees Union.


 
Urban Institute suggests tax code changes to improve housing affordability
Posted Date: Monday, April 7, 2025

A recent paper by the Urban Institute encourages policymakers to consider leveraging the tax code to help improve housing affordability, as more spending on housing is done through the tax code than through housing programs administered by the Department of Housing and Urban Development.


 
HUD halts funding for undocumented immigrants, sanctuary cities
Posted Date: Monday, April 7, 2025

U.S. Department of Housing and Urban Development (HUD) Secretary Scott Turner sent a letter to HUD grantees and stakeholders reinforcing the directive that federal housing assistance will no longer be granted to undocumented immigrants or sanctuary cities.


 
FHA invites mortgagees to test API platform
Posted Date: Monday, April 7, 2025

The Federal Housing Administration (FHA) announced a new application programming interface testing platform designed to streamline digital interactions and improve the efficiency of FHA’s loan origination processes.


 
VA plans to eliminate servicing purchasing program
Posted Date: Monday, April 7, 2025

The Trump administration announced it intends to eliminate a Department of Veteran Affairs’ program launched last year to help veterans who are struggling financially to avoid foreclosure.


 
New Jersey AG issues enforcement action for lending discrimination
Posted Date: Thursday, April 3, 2025

New Jersey Attorney General Matthew Platkin and the Division on Civil Rights issued a finding of probable cause against a same-day lender alleging the business refused to lend to prospective clients based on race, national origin and nationality.

The finding alleged the firm’s owner and other employees instructed sales staff not to do business with people of certain racial and ethnic groups.


 
More than half of agents expect commissions to drop post-NAR settlement
Posted Date: Thursday, April 3, 2025

While just under half of the real estate agents surveyed by Redfin for its 2025 Industry Survey said their buyer’s agent commission has remained the same since the National Association of Realtors settlement changes took effect, just over half expect those commissions to decline this year. And two out of five agents said the settlement changes negatively impacted their business.


 
GAO to investigate HUD cuts to fair housing enforcement
Posted Date: Thursday, April 3, 2025

The Government Accountability Office confirmed it will review cuts the Department of Housing and Urban Development made to fair housing enforcement at the direction of the Department of Government Efficiency.


 
February pending home sales see modest increase
Posted Date: Thursday, April 3, 2025

Pending home sales improved 2 percent in February. Despite that modest increase, contract signings were well below normal, according to the National Association of Realtors’ chief economist.


 
CFPB publishes 2024 HMDA data online
Posted Date: Thursday, April 3, 2025

The Consumer Financial Protection Bureau announced the publication of Home Mortgage Disclosure Act Modified Loan Application Register data for 2024, as required by federal statute. Previously, the data could be obtained only by making requests to specific institutions.


 
Judge grants TRO to reinstate HUD-terminated fair housing grants
Posted Date: Monday, March 31, 2025

A U.S. District Court judge in the District of Massachusetts granted a temporary restraining order reinstating $30 million in Fair Housing Incentives Program grant funding that was terminated by the U.S. Department of Housing and Urban Development at the direction of the Department of Government Efficiency.


 
Court grants preliminary injunction in CFPB work stoppage, defendants appeal
Posted Date: Monday, March 31, 2025

A federal judge issued a preliminary injunction against the Consumer Financial Protection Bureau (CFPB) and Trump administration officials, ruling that recent staff cuts and other actions were part of an unlawful attempt to eliminate the CFPB, as argued by the union representing agency employees.

Although the plaintiffs in the case welcomed the decision, the matter is not settled. A day after the March 28 ruling, the defendants filed an appeal in the U.S. D.C. Court of Appeals.


 
NAR staffing ‘revamp’ cuts 61 positions, adds senior leadership
Posted Date: Monday, March 31, 2025

The National Association of Realtors announced an “organizational revamp” aimed at reducing costs, streamlining operations and positioning the group to be more responsive to both industry and member needs. Part of the restructuring involves eliminating 61 positions.


 
House hearing on authority of CFPB highlights accountability issues
Posted Date: Monday, March 31, 2025

The House Financial Services Committee’s hearing about how to balance accountability at the Consumer Financial Protection Bureau with its statutory mandates highlighted the stark division among legislators and regulators on this issue.


 
NAMB asks FHFA not to follow FHA’s lead on non-permanent resident loans
Posted Date: Monday, March 31, 2025

After the Federal Housing Administration (FHA) announced a new policy that will restrict access to FHA-insured mortgages for non-permanent residents, the president of the National Association of Mortgage Brokers is asking Federal Housing Finance Agency Director Bill Pulte to not make the same change at Fannie Mae and Freddie Mac.


 
Senators express support for CDFI Fund after Trump calls for its elimination
Posted Date: Monday, March 31, 2025

More than 20 U.S. Senators from both sides of the aisle sent a letter to U.S. Department of the Treasury Secretary Scott Bessent expressing their support for the Treasury’s Community Development Financial Institutions Fund, which a recent executive order from President Donald Trump called for eliminating. 


 
NAR continues Clear Cooperation, adds exemption option
Posted Date: Thursday, March 27, 2025

The National Association of Realtors (NAR) will continue its Clear Cooperation Policy (CCP) for its multiple listing service participants, but it also announced a new policy that introduces a new category of exempt listings.

NAR said it spent months reviewing the CCP, which has been the subject of court battles with both competitors and the Department of Justice.


 
HUD narrows residency requirements for FHA loans
Posted Date: Thursday, March 27, 2025

The U.S. Department of Housing and Urban Development revised residency requirements for borrowers seeking Federal Housing Administration-insured mortgages, eliminating eligibility for non-permanent residents.


 
FHFA rescinds UDAP guidance for GSEs
Posted Date: Thursday, March 27, 2025

The Federal Housing Finance Agency rescinded guidance establishing expectations for the government-sponsored enterprises regarding unfair or deceptive acts or practices.


 
Breaking News: CFPB asks to vacate settlement with Townstone
Posted Date: Wednesday, March 26, 2025

The Consumer Financial Protection Bureau (CFPB) asked the U.S. District Court for the Northern District of Illinois – Eastern Division to vacate the settlement in CFPB v. Townstone Financial, Inc., et al., which resolved allegations of redlining and violations of the Equal Credit Opportunity Act (ECOA) against the Chicago mortgage broker owned by Barry Sturner.


 
Homeowner accuses servicer of RESPA violations involving NOE, RFI
Posted Date: Monday, March 24, 2025

When a homeowner lost her job due to the pandemic, she accepted her mortgage servicer’s offer to place her mortgage loan in forbearance. When she got a new job and applied for a loan modification to bring the loan current, the servicer notified her the modification was withdrawn because the agreement was not properly executed. While sending the servicer notices of error and request for information, the house was foreclosed on. The homeowner sued the servicer for RESPA violations, and the servicer moved for dismissal.


 
USDA retracts non-citizen eligibility for loan program
Posted Date: Monday, March 24, 2025

The U.S. Department of Agriculture announced it terminated the temporary authority granted in 2022 that allowed some non-citizens to be eligible to apply for a guaranteed loan through the Single-Family Housing Guaranteed Loan Program. 


 
HUD issues updated CDBG disaster recovery universal notice
Posted Date: Monday, March 24, 2025

The U.S. Department of Housing and Urban Development published an updated Community Development Block Grant - Disaster Recovery universal notice as part of the department’s efforts to streamline and simplify its disaster recovery processes and more quickly deliver assistance.


 
MBA report shows mortgage credit availability rose in February
Posted Date: Monday, March 24, 2025

Mortgage credit availability increased in February, according to a report from the Mortgage Bankers Association. It increased for the third straight month to the highest level since March 2023.


 
Senators ask GAO to investigate cuts to HUD fair housing enforcement
Posted Date: Monday, March 24, 2025

Five Democratic Senators called on the Government Accountability Office to investigate the cuts to fair housing enforcement at the U.S. Department of Housing and Urban Development by the Department of Government Efficiency.


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RESPA News Monthly
May 2025

Cover Story:

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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