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RESPA News Monthly  <Br>June 2025

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RESPA News Monthly
June 2025
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MBA’s list of rules OMB should revise includes RESPA
Posted Date: Thursday, May 15, 2025

In response to the Office of Management and Budget’s request for information on deregulation, the Mortgage Bankers Association provided a list of rules at several agencies that it recommends be rescinded or revised. Among those it suggests be revised are RESPA Section 8 and Regulation X servicing rules.


 
Appeals court reverses dismissal of RESPA, TILA complaints
Posted Date: Thursday, May 22, 2025

After a bank purchased property in a nonjudicial foreclosure and sued to eject a couple from the property, the trustee of the property filed a counterclaim accusing the bank of RESPA and Truth in Lending Act violations, among other things. A circuit court granted the bank’s motions for ejectment and to dismiss several counts of the counterclaim. The defendant appealed, and the appeals court vacated the judgments.


 
Maryland AG steps up fair housing enforcement with three settlements
Posted Date: Thursday, May 22, 2025

Maryland Attorney General Anthony Brown announced three housing discrimination settlements have recently been issued by the civil rights division, saying his office is dedicated to the vigorous enforcement of fair housing laws, even as federal agencies appear to have abandoned such initiatives.


 
Trade groups applaud real estate provisions of Trump tax bill
Posted Date: Thursday, May 22, 2025

Both the National Association of Realtors and the Mortgage Bankers Association celebrated the real estate tax provisions in the Republican-led tax and spending package that was advanced by the House of Representatives.


 
NS3 preview: NAR economist to offer data-driven perspective on housing market
Posted Date: Thursday, May 22, 2025

Dr. Jessica Lautz, deputy chief economist and vice president of research at the National Association of Realtors, will counter the existing narratives of housing market distress with the actual data driving consumer behavior at her presentation at the National Settlement Services Summit (NS3).


 
NAR Realtor Benefits partners with Ask the Agent on video platform
Posted Date: Thursday, May 22, 2025

The National Association of Realtors (NAR) has teamed up with Ask the Agent to add another tool to NAR Realtor Benefits: a video communication and broadcast platform that helps real estate agents engage more effectively with clients.


 
Buyer agent commissions haven’t changed much since NAR settlement
Posted Date: Monday, May 19, 2025

The average commission for buyer’s agents in the first quarter rose slightly compared with when the new National Association of Realtors commission rules went into effect in August, but were down slightly from the first quarter of 2024, when the new rules were announced, according to a recent Redfin report.


 
Housing subcommittee explores innovative ways to boost affordable housing supply
Posted Date: Monday, May 19, 2025

The House Financial Services Housing and Insurance Subcommittee heard testimony about how manufactured and modular housing can impact the country’s affordable housing inventory.


 
What to know about CRA after revisions withdrawn
Posted Date: Monday, May 19, 2025

Following the withdrawal of the long-awaited 2023 final rule revising Community Reinvestment Act (CRA) standards, financial institutions will experience no change in federal CRA standards. However, some states are working on tightening their own regulations. A panel of experts discusses the best practices in CRA benchmarking.


 
CFPB rescinds COVID-era mortgage servicing rule
Posted Date: Monday, May 19, 2025

The Consumer Financial Protection Bureau filed an interim final rule that will rescind the 2021 final rule, “Protections for Borrowers Affected by the COVID-19 Emergency Under RESPA, Regulation X.”


 
FHA deactivates 600 inactive mortgagee letters
Posted Date: Monday, May 19, 2025

The Federal Housing Administration’s (FHA) Office of Single Family Housing archived nearly 600 mortgagee letters that are no longer active in an effort to prevent confusion for those seeking accurate policy FHA single family information.


 
Senator urges CFPB to reconsider withdrawal of data broker rule
Posted Date: Monday, May 19, 2025

In a letter to Consumer Financial Protection Bureau acting director Russel Vought, Sen. Ruben Gallego (D-Ariz.) urged the bureau to reconsider the withdrawal of a rule that would have prevented private, personal data from being collected and sold without the consumer’s consent.


 
Critical defects drop to second-lowest rate on record
Posted Date: Thursday, May 15, 2025

The fourth quarter critical defect rate dropped to the second-lowest quarterly rate on record, according to ACES Quality Management’s QC Industry Trends report that covered the fourth quarter and calendar year 2024.


 
More homes are for sale, but fewer households can afford them
Posted Date: Thursday, May 15, 2025

The country’s for-sale housing inventory is up nearly 20 percent year-over-year, but households earning $75,000 a year can afford less than a quarter of for-sale listings, according to a report from the National Association of Realtors.


 
NS3 Preview: A deep dive into the world of artificial intelligence
Posted Date: Thursday, May 15, 2025

Brian Carter, owner of Optymedia and a featured speaker at the National Settlement Services Summit (NS3) June 16-18 in Pittsburgh, will discuss artificial intelligence (AI) in housing and leadership. NS3 attendees will leave the presentation with concrete steps to implement AI solutions that deliver measurable results.


 
HUD provides $1B in affordable housing funds for tribal communities
Posted Date: Thursday, May 15, 2025

The Department of Housing and Urban Development made more than $1.1 billion in Indian Housing Block Grant funding for available to tribal communities to use for affordable housing activities.


 
CFPB to rescind mortgage guidance materials
Posted Date: Monday, May 12, 2025

Acting leadership at the Consumer Financial Protection Bureau announced a list of 39 guidance materials to be rescinded, including several applicable to mortgage originators and servicers.

 


 
State AGs oppose HUD roll back of fair housing rule
Posted Date: Monday, May 12, 2025

A coalition of 19 state attorneys general submitted a comment letter opposing the Department of Housing and Urban Development’s interim final rule that would repeal a 2021 rule regarding the 2015 Affirmatively Furthering Fair Housing rule.


 
CFPB to back off oversight of Buy Now, Pay Later loans and TILA
Posted Date: Monday, May 12, 2025

The Consumer Financial Protection Bureau said it will not prioritize oversight of “Buy Now, Pay Later” loan providers concerning the Truth in Lending Act and Regulation Z.


 
VA winds down Veterans Affairs Servicing Purchase program
Posted Date: Monday, May 12, 2025

As of May 1, the Department of Veterans Affairs stopped accepting Veterans Affairs Servicing Purchase Program (VASP) submissions. VASP was launched last year to help veterans who were struggling financially to avoid foreclosure.


 
McKernan’s CFPB nomination in limbo as he’s tapped for Treasury role
Posted Date: Monday, May 12, 2025

Treasury Secretary Scott Bessent announced President Trump intends to nominate Jonathan McKernan to a position at the Treasury. McKernan is awaiting Senate confirmation of Trump’s nomination of him to be director of the Consumer Financial Protection Bureau.


 
Democrats file amicus brief against gutting of CFPB
Posted Date: Monday, May 12, 2025

Democratic Sens. Chuck Schumer (D-N.Y.) and Elizabeth Warren (D-Mass.) and 45 members of the Democratic caucus, as well as 180 House Democrats, filed an amicus brief in NTEU v. CFPB, condemning the mass firings at the Consumer Financial Protection Bureau.


 
Borrower claims several servicers violated RESPA concerning her loan modification
Posted Date: Thursday, May 8, 2025

A borrower who was added to a mortgage held by her husband sued several mortgage servicers, claiming they violated RESPA and breached a contract when they failed to honor a loan assumption and modification agreement after her husband’s passing.


 
Housing Affordability Act would raise FHA loan limit
Posted Date: Thursday, May 8, 2025
With the Housing Affordability Act, two senators are proposing to improve affordable housing availability by doing something that has not been done in more than 20 years – increasing the Federal Housing Administration loan limit.

 
House committee votes to slash CFPB funding
Posted Date: Thursday, May 8, 2025

The House Financial Services Committee voted along party lines to approve a resolution to greatly reduce funding for the Consumer Financial Protection Bureau and to no longer allow the bureau to roll over unspent funds in its civil penalty fund from year-to-year.


 
HUD provides $1.8M to support housing for those aging out of foster care
Posted Date: Thursday, May 8, 2025

The Department of Housing and Urban Development will invest $1.8 million in the department’s Foster Youth to Independence program to help more than 100 youth aging out of the foster care system secure housing.


 
Mortgage credit availability plateaus
Posted Date: Thursday, May 8, 2025

Mortgage credit availability remained unchanged in April after a sizable increase in March, according to a report from the Mortgage Bankers Association.


 
Hanna Holdings settles in Gibson commission suit
Posted Date: Monday, May 5, 2025

Hanna Holdings reached a settlement with the plaintiffs in the Gibson v. National Association of Realtors lawsuit, a “copycat” Sitzer-Burnett lawsuit which alleged the defendants violated antitrust laws when they participated in the National Association of Realtors’ multiple listing services and cooperative compensation rule.


 
Borrowers sue mortgage company after CFPB drops suit
Posted Date: Monday, May 5, 2025

A new set of predatory lending allegations have been brought against Vanderbilt Mortgage & Finance, Inc., months after the Consumer Financial Protection Bureau dropped similar charges against the Berkshire Hathaway subsidiary.


 
White paper details MSR challenges in uncertain market
Posted Date: Monday, May 5, 2025

Uncertainty and volatility in the current market are proving a challenge for determining a strategy for mortgage servicing rights (MSR), according to MSR Pricing & Analytics Managing Director Mark Garland. He is featured in a recent MSR white paper by SitusAMC.


 
President’s budget proposal includes cutting $33.6B in HUD funding
Posted Date: Monday, May 5, 2025

President Donald Trump’s recommendations on discretionary funding levels for fiscal year 2026 include cutting $33.6 billion in funding for the Department of Housing and Urban Development, including 43 percent of grant funding for the department’s rental assistance programs.


 
Fannie Mae to sell non-performing loans to reduce mortgage portfolio
Posted Date: Monday, May 5, 2025

Fannie Mae recently announced its latest sale of non-performing loans as part of the company's ongoing effort to reduce the size of its retained mortgage portfolio.


 
Senators press Trump on tariffs’ effects on housing costs
Posted Date: Monday, May 5, 2025

A letter to President Donald Trump signed by 19 U.S. Democratic senators shared their concerns about how tariffs are increasing housing costs and asked the president to “refocus your attention on policies that will address our nation’s housing crisis — not exacerbate it.” 


 
Rhode Island AG settles fair housing, unfair trade practices complaint
Posted Date: Thursday, May 1, 2025

Rhode Island Attorney General Peter Neronha reached a $213,000 settlement with a national real estate management corporation, resolving claims that the company’s application and screening practices violated the state’s Unfair and Deceptive Practices Act and Fair Housing Practices Act as well as the federal Fair Housing Act.


 
Court orders CFPB to pause staffing cuts pending results of appeal
Posted Date: Thursday, May 1, 2025

The D.C. Circuit Court of Appeals directed the Consumer Financial Protection Bureau (CFPB) to continue to hold off implementation of a sweeping reduction in force (RIF) order, pending a ruling on the Trump administration’s appeal of a preliminary injunction resulting from a lawsuit filed in March over the RIF.

A former CFPB counsel shared his thoughts on what all this might mean for the future of the regulatory agency.


 
UMW partners with ICE Mortgage to bring servicing in-house
Posted Date: Thursday, May 1, 2025

United Wholesale Mortgage (UWM) signed an agreement with Intercontinental Exchange (ICE) to license ICE Mortgage Technology’s MSP loan servicing system, allowing UMW to bring its mortgage servicing operations in-house.


 
Pending home sales see largest monthly increase since 2023
Posted Date: Thursday, May 1, 2025

Pending home sales jumped 6.1 percent in March to 76.5, the largest month-over-month increase since December 2023, according to the National Association of Realtors. Signed contracts and housing inventory levels also rose.


 
Mandatory MFA implemented for FHA Connection
Posted Date: Thursday, May 1, 2025

The Federal Housing Administration implemented a new multi-factor authentication for its FHA Connection system designed to resist phishing scams. The security measure is part of the FHA’s larger strategy to maintain secure lender, borrower, and stakeholder data.


 
Borrower accuses servicers of QWR violations
Posted Date: Monday, April 28, 2025

A borrower accused two mortgage servicers of violating RESPA by failing to respond to her qualified written requests for information related to her mortgage loan account, specifically regarding charges and fees added to her balance following a loan modification agreement. The servicers moved to dismiss.


 
Compass files suit against MLS, claiming antitrust violations
Posted Date: Monday, April 28, 2025

The brokerage Compass filed suit against the Northwest Multiple Listing Service (NWMLS) in Seattle, calling it a “monopolist” and claiming its listing rules are anticompetitive and restrict consumer choice and broker competition, in violation of antitrust laws.


 
FHA removes some requirements for foreclosed property sales
Posted Date: Monday, April 28, 2025

The Federal Housing Administration published a mortgagee letter that rescinded policies established in 2022 regarding the claims without conveyance of title post-foreclosure sales period and the Department of Housing and Urban Development real estate-owned properties exclusive listing period.


 
Additional funding to expand HUD program for Native American veterans
Posted Date: Monday, April 28, 2025

The Department of Housing and Urban Development (HUD) earmarked $2.2 million in new funding for the Tribal HUD-Veterans Affairs Supportive Housing program, which provides housing assistance for Native American veterans who are or are at risk of becoming homeless.


 
Mortgage application payments dropped in March
Posted Date: Monday, April 28, 2025

Homebuyer affordability improved in March, with the national median payment applied for by purchase applicants dropping 1.4 percent month-over-month, according to Mortgage Bankers Association data.


Monthly Newsletter

RESPA News Monthly
June 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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