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RESPA News Monthly  <Br>April 2025

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RESPA News Monthly
April 2025
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CFPB drops complaint against Rocket Homes, brokerage alleging kickback scheme
Posted Date: Thursday, February 27, 2025

The Consumer Financial Protection Bureau dropped its December 2024 complaint against Rocket Homes Real Estate, JMG Holding Partners LLC, and the firm’s owner that alleged they violated RESPA by participating in a kickback scheme involving referrals and steering homebuyers toward Rocket Mortgage.

A former CFPB attorney shares what the bureau’s decision could mean for RESPA Section 8 enforcement moving forward.


 
Massachusetts AG files suit against home equity investment company
Posted Date: Monday, February 24, 2025

Massachusetts Attorney General Andrea Joy Campbell filed suit against a Boston-based home equity investment company alleging the company violated the state’s mortgage and foreclosure prevention laws by collecting unlawfully high interest, offering mortgage loans without adequate underwriting, offering illegal reverse mortgages and concealing the high cost and nature of its product. 


 
Bank forms JV mortgage companies with homebuilders in Texas, North Carolina
Posted Date: Thursday, March 27, 2025

Cornerstone Capital Bank, a national provider of residential mortgage finance and loan servicing solutions, launched two joint venture mortgage companies with homebuilders in Texas and North Carolina.


 
Fair housing advocates sue HUD, DOGE over terminated FHIP grants
Posted Date: Monday, March 17, 2025

Following the termination of Fair Housing Incentives Program grant funding by the U.S. Department of Housing and Urban Development (HUD), four members of the National Fair Housing Alliance filed a class action suit against HUD and the Department of Government Efficiency and requested a temporary restraining order against the move.


 
CFPB union fights work stoppage, wants agency under receivership
Posted Date: Monday, March 17, 2025

In a series of hearings in the D.C. District Court, the union representing employees of the Consumer Financial Protection Bureau pleaded their case to end the work stoppage initiated by acting director Russ Vought and asked that the bureau be placed under a “judicially managed receivership.”

A pair of former CFPB senior counsels shared their take on recent developments within the agency.


 
New FHFA director discusses housing affordability, GSE conservatorship
Posted Date: Monday, March 17, 2025

After the Senate confirmed Bill Pulte as the new director of the Federal Housing Finance Agency, Pulte published a series of responses to questions submitted by Senate Banking Committee Ranking Member Elizabeth Warren (D-Mass.) about housing affordability, the conservatorship of the government-sponsored enterprises, and his views regarding multiple legislative pieces.


 
HUD, DOI joint task force to explore using federal land for housing
Posted Date: Monday, March 17, 2025

The U.S. Department of Housing and Urban Development and U.S. Department of the Interior formed a joint task force on federal land for housing, aimed at identifying underutilized federal lands suitable for residential development to increase the availability of affordable housing.


 
Black homeownership rate rises, still trails white rate
Posted Date: Monday, March 17, 2025

The Black homeownership rate experienced the largest year-over-year increase in 2023 among racial groups, but it still lags significantly behind the white homeownership rate, according to the National Association of Realtors.


 
Legislators target hedge funds in housing market
Posted Date: Monday, March 17, 2025

U.S. Sen. Jeff Merkley (D-Ore.) and U.S. Rep. Adam Smith (D-Wash.) introduced legislation aimed at tackling the housing affordability crisis by kicking hedge funds out of the single-family housing market.


 
Mortgage brokers file motion to dismiss Pennsylvania AG RESPA complaint
Posted Date: Thursday, March 13, 2025

A group of mortgage brokers and their manager filed a motion to dismiss a complaint brought against them by the Pennsylvania attorney general alleging they violated RESPA through a kickback scheme.

The motion to dismiss argued the complaint failed to identify any referrals in exchange for payments, among other things.


 
Agreement settles fair housing complaint related to accessibility
Posted Date: Thursday, March 13, 2025

Through the U.S. Department of Housing and Urban Development’s complaint conciliation process, an agreement was reached between a property developer and the National Fair Housing Alliance and the Tennessee Fair Housing Council to expand accessible housing opportunities at the developer’s multi-family properties across four states.

The agreement settles a housing discrimination complaint filed with HUD in 2024.


 
Advocacy groups urge HUD to maintain FHA loss mitigation program
Posted Date: Thursday, March 13, 2025

Seven housing advocacy groups sent a letter to the U.S. Department of Housing and Urban Development’s newly appointed deputy assistant secretary for single-family housing asking him to maintain the Federal Housing Authority’s temporary loss mitigation program, calling it a “key source of financing for affordable homeownership.”


 
HUD tells N.C. city to cut DEI programs from disaster recovery funding plan
Posted Date: Thursday, March 13, 2025

U.S Department of Housing and Urban Development Secretary Scott Turner told the city of Asheville, N.C, that it needs to remove diversity, equity and inclusion criteria from its plan on how it intends to distribute millions of dollars for hurricane disaster relief if it wants to receive the funding.


 
Optimal Blue report shows huge jump in rate-and-term refis
Posted Date: Thursday, March 13, 2025

Optimal Blue’s February Market Advantage report indicated a month-over-month increase in mortgage lock volume driven by refinance activity. Rate-and-term refinances saw the biggest jump, followed by cash-out refis.


 
Homeowners accuse servicer of dual tracking, violating RESPA
Posted Date: Monday, March 10, 2025

A couple whose home went through foreclosure claimed their mortgage servicer violated loss mitigation procedures in Regulation X of RESPA by engaging in dual tracking when their home was sold at foreclosure auction despite assurances the foreclosure would be rescheduled. The servicer filed a motion to dismiss.


 
House subcommittee hears testimony on improving housing affordability
Posted Date: Monday, March 10, 2025

A panel of expert witnesses testified to the House Financial Services Committee’s Subcommittee on Housing and Insurance on the complexities relating to the housing affordability crisis and the multifaceted strategies required to address it.


 
HUD extends compliance dates for energy efficiency standards
Posted Date: Monday, March 10, 2025

In a March 10 notice on the Federal Register, the U.S. Department of Housing and Urban Development (HUD) announced it is delaying the compliance dates for the adoption of energy efficiency standards for new construction of HUD- and USDA-financed housing.


 
FHA extends foreclosure moratorium for wildfire victims
Posted Date: Monday, March 10, 2025

The Federal Housing Administration is extending the foreclosure moratorium that was set to expire April 8 for areas that were declared disaster areas due to wildfires in Los Angeles County, Calif.


 
CFPB, FHFA nominees advance to full Senate
Posted Date: Monday, March 10, 2025

The Senate Banking Committee voted to advance the Trump administration’s nominees to lead the Consumer Financial Protection Bureau and the Federal Housing Finance Agency to the full Senate for a confirmation vote.


 
Appeals court upholds ruling in favor of NAR, Zillow in REX antitrust case
Posted Date: Thursday, March 6, 2025

The Ninth District Circuit Court of Appeals upheld a lower court’s ruling, putting to rest the federal antitrust complaint filed four years ago by REX – incorporated as Real Estate Exchange, Inc – against Zillow and the National Association of Realtors (NAR) concerning NAR’s “no-commingling rule.”


 
Congressmembers demand details, oversight of DOGE cuts at HUD
Posted Date: Thursday, March 6, 2025

In a letter to U.S. Housing and Urban Development Department Secretary Scott Turner, U.S. Rep. Maxine Waters (D-CA), ranking member of the House Financial Services Committee, and 122 Democratic representatives shared concerns over staff and funding cuts at the department led by the Department of Government Efficiency.

Waters also asked the chairman of the House Financial Services Committee to “immediately” schedule a hearing with Turner about the cuts.


 
HUD awards $2.5M in RUSH grants to storm-damaged areas
Posted Date: Thursday, March 6, 2025

The U.S. Department of Housing and Urban Development awarded nearly $2.5 million in Rapid Unsheltered Survivor Housing funding across three states to assist those impacted by recent hurricanes and severe storms.


 
Deadlines approaching for feedback on MISMO updates
Posted Date: Thursday, March 6, 2025

The Mortgage Industry Standards Maintenance Organization is seeking feedback about new specifications and enhancements to its tools designed to benefit real estate finance professionals via the Mortgage Bankers Association website.


 
NAR: Pending home sales drop in January
Posted Date: Thursday, March 6, 2025

Pending home sales fell in January, with the most significant drop occurring in the South, according to the National Association of Realtors.


 
PHH cites Loper Bright in argument to dismiss RESPA complaints
Posted Date: Monday, March 3, 2025

After a mortgage holder filed a complaint against PHH Mortgage claiming RESPA violations in a pandemic-era loan modification, PHH filed a motion to dismiss, arguing the complaints, which involve administrative regulations, are not cognizable following the U.S. Supreme Court’s overturning of the Chevron doctrine in Loper Bright.


 
FHFA nominee vows to nix ‘useless’ regulations to spur affordable housing
Posted Date: Monday, March 3, 2025
During his confirmation hearing to run the Federal Housing Finance Agency, Bill Pulte fielded questions about his plans for achieving his top priority, “to strengthen and safeguard the housing finance system.” 

 
Senate grills McKernan during CFPB confirmation hearing
Posted Date: Monday, March 3, 2025

Jonathan McKernan, the Trump administration’s nominee to become the next permanent director of the Consumer Financial Protection Bureau, faced some unique lines of questioning during his confirmation hearing, including how he plans to lead an agency the administration seems to be trying to dismantle.


 
National Fair Housing Alliance joins suit over DEI ban
Posted Date: Monday, March 3, 2025

The Legal Defense Fund and Lambda Legal filed suit in the U.S. District Court for the District of Columbia on behalf of nonprofit organizations, including the National Fair Housing Alliance (NFHA), challenging three executive orders from President Donald Trump related to diversity, equity, inclusion, accessibility and transgender people.

The complaint argued the executive orders “frustrate NFHA’s mission to eliminate all forms of housing and lending discrimination by censoring NFHA’s speech or withholding critical federal funds, and by making it more difficult for NFHA to serve individuals against whom the executive orders discriminate.”


 
MBA: Home affordability drops as mortgage application payments rise
Posted Date: Monday, March 3, 2025

Homebuyer affordability declined in January, while the national median payment applied for by purchase applicants increased, according to the Mortgage Bankers Association (MBA). Even so, MBA is forecasting for a small increase in purchase originations this year.


 
HUD secretary pledges to cut regs, work with homebuilders
Posted Date: Monday, March 3, 2025

Addressing the National Association of Home Builders Leadership Council, U.S. Department of Housing and Urban Development Secretary Scott Turner said he would reduce regulatory burdens to ease the country’s housing affordability crisis and help builders construct more affordable housing.


 
HUD secretary terminates enforcement of fair housing rule
Posted Date: Thursday, February 27, 2025

U.S. Department of Housing and Urban Development Secretary Scott Turner announced the agency will attempt to cut “costly red tape” by stopping enforcement of the 2021 Affirmatively Furthering Fair Housing rule, calling it a “zoning tax” imposed on localities.


 
HUD delays effective date of manufactured home final rule
Posted Date: Thursday, February 27, 2025

The Department of Housing and Urban Development (HUD) announced the effective date of March 17 for the Manufactured Home Construction and Safety Standards final rule has been postponed. The delay is consistent with President Donald Trump’s Jan. 20 executive order, “Regulatory Freeze Pending Review,” according to HUD.


 
FHA waives new construction flood elevation requirements
Posted Date: Thursday, February 27, 2025

The Federal Housing Administration issued a temporary partial regulatory waiver and related Single Family Housing Policy Handbook 4000.1 waiver of its minimum property standards requirements regarding drainage and flood hazard exposure.


 
Existing-home sales slide in January, but increase year-over-year
Posted Date: Thursday, February 27, 2025

Existing-home sales fell nearly 5 percent from December to January, but rose 2 percent year-over-year, according to the National Association of Realtors.


 
CFPB drops complaint against Rocket Homes, brokerage alleging kickback scheme
Posted Date: Thursday, February 27, 2025

The Consumer Financial Protection Bureau dismissed its December 2024 complaint against Rocket Homes Real Estate, JMG Holding Partners LLC, (which does business as The Jason Mitchell Group) and the firm’s owner that alleged they violated RESPA by participating in a kickback scheme involving referrals and steering homebuyers toward Rocket Mortgage.


 
State AGs challenge efforts to dismantle CFPB in court filing
Posted Date: Monday, February 24, 2025

Nearly half the states in the union filed a motion in federal court challenging the Trump administration’s efforts to defund and dismantle the Consumer Financial Protection Bureau.

Twenty-three state attorneys general argued the administration’s actions will harm consumers and threaten the nation’s financial stability by hindering enforcement of consumer protection laws intended to safeguard against a future financial crisis.


 
NAR, Phoenix Realtors reach agreement on membership dispute
Posted Date: Monday, February 24, 2025

The National Association of Realtors (NAR) and the Phoenix Realtors association reached an agreement over a membership dispute that allows the Phoenix group to retain its NAR charter. NAR had said Phoenix Realtors’ “MLS Choice” membership offering did not comply with NAR’s constitution or bylaws.


 
Mortgage agency reaches down payment assistance milestone
Posted Date: Monday, February 24, 2025

CBC Mortgage Agency, a Native American wholly-owned and federally chartered housing finance agency, has helped 50,000 families achieve homeownership through its down payment assistance program. Most of the families serviced were first-time homebuyers, minority homebuyers, low-income households and first-generation homeowners.


 
Zillow: Buyer rates for Black first-time homebuyers see strong rebound
Posted Date: Monday, February 24, 2025

While recent first-time homebuyer rates have declined nationally, Black buyers are the exception. The share of Black first-time buyers rebounded in 2022 and hit a record in 2023, outpacing the national trend, a Zillow survey found.

According to a Zillow economist, down payment assistance programs, first-time buyer tax credits and flexible lending options have all helped increase housing access.

 


 
Democrats urge HUD secretary to halt staff cuts
Posted Date: Monday, February 24, 2025

Five Democratic Senators urged U.S. Department of Housing and Urban Development (HUD) Secretary Scott Turner to stop any additional cuts to HUD’s workforce after he terminated hundreds of probationary employees on Feb. 14. They said cutting more workers will only worsen the country’s housing affordability crisis, a problem he vowed to address.


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RESPA News Monthly
May 2025

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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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